CLA-2-85:S:N:N7:236 877860
Ms. Nina R. Lipton
Assistant Manager
Traffic & Administration
Pechiney World Trade (U.S.A.), Inc.
500 Plaza Drive
Secaucus, New Jersey 07096
RE: The tariff classification of Cathode Blocks from France
Dear Mr. Lipton:
In your letter dated August 20, 1992 you requested a tariff
classification ruling.
The prospective imports, Cathode Blocks will be
anthracite/graphite composites and graphitic blocks covering style
numbers HC3, HC5 and HC10.
Representative sizes are:
(1) 20" x 18" x 115" (2) 15" x 26" x 80" (3) 14" x 18" 60" (4)
14" x 18" x 30"
These blocks are used to line the bottom of an aluminum
reduction cell which produces aluminum metal by electrolysis.
Samples of the above style numbers were forward to the United
States Customs Laboratory with the following results:
Sample Percent Crystallization Composition
HC3 52.9 Anthracite-
graphite
HC 5 63.3 "
"
HC10 93.8 Graphitic
For the purposes of chapter 69, a "ceramic article" is a
shaped article having a glazed or unglazed body of crystalline or
substantially crystalline structure, the body of which is composed
essentially of inorganic nonmetallic substances and is formed and
subsequently hardened by such heat treatment that the body, if
reheated to pyrometric cone 020, would not become more dense,
harder, or less porous, but does not include any glass articles.
A crystalline or substantially crystalline structure was
defined by written direct testimony obtain in the Eastalco Aluminum
Co. v. United States (Court No. 83-01-00095). It was determined
"that in order for the carbon blocks to even approach the behavior
of crystalline material, there must be very substantial amounts,
e.g. 70% or more crystalline material present." Customs adopts
this definition of "substantial" as it pertains to the
crystallization of Cathode Blocks.
The applicable subheading for the Cathode Blocks Style # HC3
and HC5 will be 8545.90.4000, Harmonized Tariff Schedule of the
United States (HTS), 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 4.9 percent
ad valorem.
The applicable HTS subheading for Cathode Blocks, Style # HC10
will be 6902.90.1020, which provides for refractory bricks, blocks,
tiles and similar refractory ceramic construction goods, other than
those of siliceous fossil meals or similar siliceous earths, other,
other. The rate of duty will be free.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport