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NY R03704




April 19, 2006

CLA-2-68:RR:NC:SP:237 R03704

CATEGORY: CLASSIFICATION

TARIFF NO.: 6815.10.0000

Mr. Mark David Pinchok
Bayer LLC
100 Bayer Road
Pittsburgh, PA 15205-9741

RE: The Tariff classification of multi-wall carbon nanotubes from Germany.

Dear Mr. Pinchok:

In your letter dated April 10, 2006 you requested a tariff classification ruling for Baytubes described as multi-wall carbon nanotubes that are essentially 100% non-activated carbon for use in the manufacture of car fenders, cell phones, computer housings, anti-static packaging and scratch-resistant coatings.

You suggest classification in subheading 2803.00.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for carbon (carbon blacks and other forms of carbon not elsewhere specified or included). However, Explanatory Note 68.15 (2) provides for carbon fibers and articles of carbon fibers.

The applicable subheading for multi-wall carbon nanotubes will be 6815.10.0000, HTSUS, for: non-electrical articles of graphite or other carbon. The rate of duty is free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone (202) 554-1404.

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 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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