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NY G86942




February 12, 2001

CLA-2-44:RR:NC:SP:230 G86942

CATEGORY: CLASSIFICATION

TARIFF NO.: 4402.00.0000

Mr. Charles Ho
Zhen Hua Trading Limited
Room 2003, 20/F
C.C. Wu Building
302-308 Hennessy Road
WanChai, Hong Kong

RE: The tariff classification of wood charcoal from Hong Kong.

Dear Mr. Ho:

In your undated letter, received by our Washington, D.C. office on January 29, 2001, you requested a tariff classification ruling.

You identify the merchandise in question as wood charcoal. For the purposes of this ruling, it is assumed that the wood charcoal will be imported in its basic shapes and forms (e.g., blocks, sticks, briquettes, etc.), not made up or advanced into other articles such as incense, pencils, etc.

The applicable subheading for the wood charcoal will be 4402.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for wood charcoal (including shell or nut charcoal), whether or not agglomerated. The rate of duty will be free. Customs does not impose any restrictions on the importation of this merchandise.

With regard to your question as to whether wood charcoal has the status of “dangerous goods” for transportation/handling purposes, we suggest that you contact the U.S. Department of Transportation, located at 400 Seventh Street, S.W., Washington, D.C. 20590, for information.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 212-637-7009.

Sincerely,

Robert B. Swierupski
Director,

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