CLA-2 CO:R:G 086279 STB
Mr. M. Albanese
Supito Inc.
118 Lake Emerald Dr.
Suite 304
Fort Lauderdale, FL 33309
RE: Anthracite
Dear Mr. Albanese:
Your letter of January 8, 1990 concerns the tariff
classification of anthracite from The People's Republic of China.
A sample was submitted with your request.
FACTS:
According to your letter, the primary use of this substance
in the U.S. is for use with water filtration units as filtering
media. The sample which you supplied was submitted to the New
York Customs Laboratory. The lab was unable to determine
whether the sample is in fact anthracite or whether it is
activated carbon.
ISSUES:
What is the proper classification of the submitted
substance?
What are the marking requirements?
Is an importing permit or license required to import this
material?
LAW AND ANALYSIS:
Classification under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) is governed by the General Rules
of Interpretation (GRI's). GRI 1 provides that classification is
determined first in accordance with the terms of the heading
-2-
together with any relevant Section or Chapter notes.
Assuming the substance is activated, the proper
classification is under subheading 3802.10.00, HTSUSA, as
activated carbon. If the substance is not activated, the result
may be different. Because the lab report was inconclusive, the
National Import Specialist in New York contacted your office on
February 20, 1990 and requested additional information. A
response to that request has not yet been received. We will be
able to provide you with a definite determination once we are
provided the information concerning whether this substance is
activated. If the substance is activated, also include a
description of the process that is involved. Please send the
requested information to the Office of Regulations and Rulings,
1301 Constitution Avenue, N.W., Washington, D.C. 20229 to the
attention of Steven T. Bratcher, Room 2115.
Section 304 of the Tariff Act of 1930, as amended, (19
U.S.C. 1304), requires, subject to certain specified exceptions,
that all articles of foreign origin imported into the U.S. shall
be marked in a conspicuous place as legibly, indelibly, and
permanently as the nature of the article will permit in such a
manner as to indicate to an ultimate purchaser in the U.S. the
English name of the country of origin of the article.
Certain classes of articles which are specified in section
134.33, Customs Regulations (19 CFR 134.33), known as the J-list,
are excepted from individual country of marking pursuant to 19
U.S.C. 1304(a)(3)(J). One of the items on the J-list is "crude
substances". Because this material constitutes a "crude
substance", it is not necessary that the coal itself be marked.
However, the containers that reach the ultimate purchaser should
be marked to indicate that the country of origin is The People's
Republic of China.
There is no license or permit required to import this
substance.
HOLDING:
If the substance you wish to import is activated, the
proper classification is under subheading 3802.10.00, HTSUSA,
which provides for Activated carbon, activated natural mineral
products, animal black, including spent animal black: Activated
carbon. The applicable duty rate is 4.8%. The containers
-3-
that reach the ultimate purchaser should be marked to indicate
the country of origin. There are no license or permit
requirements.
Sincerely,
Jerry Laderberg, Acting Director
Commercial Rulings Division