CLA-2 CO:R:C:G 081535 DFC
Frederick L. Ikenson, Esq.
1621 New Hampshire Avenue, N.W.
Washington, D.C. 20009
RE: Tariff classification of diamond tool and drill blanks
Dear Mr. Ikenson:
In a letter dated December 30, 1987, you inquired as to
the tariff classification under the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA), of various diamond
tool and drill blanks.
FACTS:
The merchandise involved is diamond tool and drill blanks
consisting of polycrystalline diamond, either unmounted or
mounted on a tungsten carbide substrate. The diamond blanks
will be used in the manufacture of drill bits for oil, gas and
mineral exploration or for other mining applications. They are
also used in the production of tool bits for machining
(turning) of such materials as non-ferrous metals, metal
alloys, ceramics, fiberglass, carbon-fiber composites,
chipboard and fiberboard. They consist of a layer of synthetic
industrial diamond crystals bonded to each other and to a
cemented carbide substrate. Two types of tool blanks will be
imported - Compax and Stratapax. The Compax blanks are used to
make tools for machining a wide range of non-ferrous metals and
nonmetallic materials. The Stratapax blanks will be used to
make mining drill bits. The blanks will be imported in the
form of materials which, after importation, will be ground and
shaped into various types of cutting tools and mining drill
bits.
ISSUE:
What is the proper tariff classification of the diamond
tool and drill blanks?
- 2 -
LAW AND ANALYSIS:
The mounted diamond tool blanks are classified in heading
8207, HTSUSA, and are thus entitled to free entry under
subheading 9902.71.04, HTSUSA, as tool blanks, and drill blanks
of industrial diamonds (provided for in subheading 7104.90.50
or heading 8207).
You suggest that the unmounted diamond blanks are
classifiable under subheading 7102.29.00, HTSUSA, as diamonds,
whether or not worked, but not mounted or set, industrial,
unworked or simply sawn, cleaved or bruted, other and entitled
to duty-free entry.
Headquarters Ruling Letter 071744, dated November 28,
1984, described polycrystalline diamonds used in mining and
construction drilling as a Geoset diamond developed by General
Electric for use as bits for soft to medium hard rock
formations. The Geoset diamonds were said to have been
advanced from mere synthetic diamonds to articles made out of
diamonds. Your suggested classification under subheading
7102.2900, HTSUSA, providing for industrial diamonds is a
provision covering single crystal diamonds. The subject
diamonds are polycrystalline, which renders the proposed
classification inapplicable.
In view of the foregoing, it is our position that the
polycrystalline Geoset and Formset diamond blanks that will be
imported unmounted are classifiable under subheading
6815.99.4000, HTSUSA, as articles of stone or other mineral
substances (including articles of peat), not elsewhere
specified or included, other articles, other, other, with duty
at the rate of 4.5 percent ad valorem.
HOLDING:
The mounted diamond tool blanks are classifiable under
subheading 8207.12.6000, and are temporarily entitled to free
entry under subheading 9902.71.04, HTSUSA.
The polycrystalline Geoset and Formset diamond blanks are
classifiable under subheading 6815.99.4000, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division
cahill library
6cc: Area Director, New York
1cc John Durant
DFCahill:jaj:6/15/89