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NY 890378





December 1, 1993

CLA-2-68:S:N:N7:236 890378

CATEGORY: CLASSIFICATION

TARIFF NO.: 6815.10.0000

Mr. Andy G. Ziedler
President
MMI Systems
P.O. Box 3317
Boulder, CO 80307

RE: The tariff classification of DIAM-730 Ultra-dispersed Diamond Powder (Carbon) from Russia and or the Ukraine.

Dear Mr. Ziedler:

In your letter dated September 1, 1993, you requested a tariff classification ruling.

The prospective import, DIAM-730 Ultra-dispersed Diamond Powder, is 98% pure carbon powder of very small particle size with a hardness of a diamond. Two percent of the weight is composed of impurities, such as copper and zinc.

The material is based on natural carbon (coal) which is heat treated in a process known as explosive synthesis; there are no chemical processes or other substances involved.

The importer has advised that there is no principle use established in the United States for this material. Attempts will be made to market this product as a dry lubricant, as a polishing material for glass, and possibly an ingredient in coating material.

The applicable subheading for the DIAM-730 Ultra-dispersed Diamond Powder will be 6815.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for nonelectrical articles of graphite or other carbon. The duty rate will be 4.9 percent ad valorem.

Articles classifiable under subheading 6815.10.0000, HTS, which are products of Russia are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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