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NY L80366




October 26, 2004

CLA-2-38: RR:NC:SP:237 L80366

CATEGORY: CLASSIFICATION

TARIFF NO.: 3801.10.5000

John Roux
Cometals
2050 Central Avenue, Suite 250
Fort Lee, NJ 07024

RE: Classification of crude artificial graphite spent packing core from China and Romania.

Dear Mr. Roux:

In your letter received October 22, 2004 you requested a tariff classification ruling.

The product is the crude, lumpy and wholly unsized artificial graphite spent packing core, produced as a by-product in the manufacture of carbon electrodes, and consists of approximately 50-64% carbon, 10-20% silicon carbide, 20-28% silicon dioxide and 5-13% water. The product is intended for use in the blending and manufacture of silicon carbide briquettes of different shapes and sizes with a variety of silicon carbide contents.

The applicable subheading for the crude, lumpy and wholly unsized artificial graphite spent packing core will be 3801.10.5000, Harmonized Tariff Schedule of the United States, which provides for other artificial graphite. The rate of duty is free.

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 merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division

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