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NY D84796




November 20, 1998

CLA-2-68:RR:NC:N2:237 D84796

CATEGORY: CLASSIFICATION

TARIFF NO: 6815.10.0000

Mr. Robert E. Burke
Barnes, Richardson & Colburn
200 East Randolph Drive, Suite 7920
Chicago, Illinois 60601-7796

RE: The classification of activated carbon disbursed on a polypropylene netting with an adhesive.

Dear Mr. Burke:

In your letter dated November 16, 1998, on behalf of the Minnesota Mining & Manufacturing Company, you requested a tariff classification ruling.

A sample of the carbon product was submitted and consisted of carbon particles disbursed on a polypropylene netting with an adhesive. A percent by weight breakdown was provided as follows: activated carbon (70%), adhesive (20%), and polypropylene netting (10%). A percent cost breakdown was given as: carbon (30%), polypropylene (40%), adhesive (15%), and other related manufacturing costs (15%).

Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes, and unless otherwise required, according to the remaining GRI's taken in order.

GRI 3(b) is relevant to the classification of the instant product and provides: Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

Explanatory Note (VIII) to GRI 3(b) provides: The factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods. In this instance, each component is an integral part of the whole, but one component, the activated carbon plays a significantly greater role and weighs significantly more than any other component. Therefore, we believe the activated carbon is the component which imparts the essential character of the product.

Subheading 6815.10.00, HTSUS, provides for nonelectrical articles of graphite or other carbon. The activated carbon is the material or component which gives the product its essential character and the product is a nonelectrical article not specifically provided for elsewhere.

Therefore, applicable subheading for the carbon product, consisting of activated carbon disbursed on a polypropylene netting with an adhesive, will be 6815.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonelectrical articles of graphite or other carbon. The rate of duty is 1 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist F. Cantone at 212-466-5488.

Sincerely,

Robert B. Swierupski

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