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NY N024721




March 24, 2008

CLA-2-85:OT:RR:NC:SP:237

CATEGORY: CLASSIFICATION

TARIFF NO.: 8545.90.4000

Ms. Lynn Shida
Entegris, Inc.
129 Concord Road, Building 2
Billerica, MA 01821

RE: The tariff classification of a graphite plate from Malaysia.

Dear Ms. Shida:

In your letter dated March 10, 2008, you requested a tariff classification ruling. The sample supplied with your letter was examined and will be returned to you. The electrically conductive graphite plate measures approximately 7-7/8” x 6” x 1/16” and has machined grooves. The plate will be used as a component for fuel cells.

The applicable subheading for the graphite plate will be 8545.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes, other. The rate of duty will be 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 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 Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski
Director,

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