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NY 855879

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Sep 21 1990

CLA-2-85:S:N:N1:113 855879

CATEGORY: CLASSIFICATION

TARIFF NO.: 8503.00.6040

Mr. Kenneth G. Weigel
Webster & Sheffield
2000 Pennsylvania Ave. N.W.
Washington, DC 20006

RE: The tariff classification of graphite-carbon separators from Japan.

Dear Mr. Weigel:

In your letter dated August 27, 1990, on behalf of Mitsui & C0.(U.S.A.), Inc., you requested a tariff classification ruling.

The item is a graphite-carbon separator used in fuel cells. A fuel cell consists of numerous sets of two electrodes and an electrolyte, with the electrode/electrolyte "sandwiches" beng kept separate by these separators. It is expected that fuel cells will replace the conventional power generating methods (e. g. solar, steam turbine) being used at the present time. Fuel cells are the wave of the future.

The applicable subheading for the graphite-carbon separators will be 8503.00.6040, Harmonized Tariff Schedule of the United States (HTS), which provides for parts suitable for use sole or principally with the machines of heading 8501 or 8502: other; other parts of generators. The rate of duty will be 3 percent ad valorem.

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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