CLA-2-69:S:N:N3D:227 865682

Mr. Al Silvey
Silvey Shipping Co., Inc.
North Hangar Road Bldg. 75 Suite 211
JFK Int'l Airport
Jamaica, NY 11430

RE: The tariff classification of refractory bricks from France.

Dear Mr. Silvey:

In your letter dated July 15, 1991, on behalf of your client, Pechiney World Trade (U.S.A.) Inc., you requested a tariff classification ruling on graphite bricks and anthracite/graphite composite articles.

The sample submitted is noted to be a grayish-black solid brick which measures about 6.31" by 4.31" and, according to our lab analysis, is com- posed wholly of graphite (a crystalline form of carbon). This material was found to contain approximately 95 percent to 100 percent crystallinity. The graphite bricks and the composite articles of anthracite/graphite are stated to be used to line the bottom of an aluminum reduction cell that produces aluminum metal by electrolysis.

The applicable subheading for the graphite bricks will be 6902.90.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other refractory bricks...other. The duty rate will be free. Your inquiry does not provide enough information for us to give a classification ruling on the anthracite/graphite articles. Your request for a classification ruling should include a sample of this merchandise.

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