CLA-2-68:RR:NC:FC:237 C86087
TARIFF NO: 6815.10.0000
C.H. Robinson International
(Attn: Gordon Anderson)
8100 Mitchell Road
Eden Prairie, MN 55344
RE: The classification of a carbonized polyacrylonitrile woven fabric
from the United Kingdom.
Dear Mr. Gordon:
In your letter dated March 12, 1998 you requested a tariff classification
ruling.
The product designated Gortex E-CT is described as a carbonized
polyacrylonitrile material consisting primarily, 80% by weight, of carbon. A
sample consisting of an 8 x 10 inch swatch of black fabric was analyzed by the
U.S. Customs Laboratory in New York and found to be a plain woven fabric,
composed of one ply staple yarns, having the characteristic of carbon fibers.
Classification of merchandise under the HTSUS 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 headings of the tariff and
any relative section or chapter notes, and unless otherwise required, according
to the remaining GRI's taken in order.
Heading 5512, HTSUS, provides for woven fabrics of synthetic staple fibers
containing 85 percent or more by weight of synthetic staple fibers. However,
Legal Note 1.(q), Section XI, HTSUS, specifically excludes carbon fibers or
articles of carbon fibers of heading 6815, HTSUS. Therefore, woven fabric of
carbon fiber is specifically excluded under Heading 5512, HTSUS.
Subheading 6815.10.00, HTSUS, provides for nonelectrical articles of
graphite or other carbon. The constituent material of the instant fabric is
carbon and it is a nonelectrical article not specifically provided for
elsewhere.
Therefore, applicable subheading for Gortex E-CT carbonized
polyacrylonitrile woven fabric will be 6815.10.0000, Harmonized Tariff Schedule
of the United States (HTSUS), which provides for nonelectrical articles of
graphite or other carbon. This provision includes carbon fibers and articles of
carbon fibers. The rate of duty is 1 percent ad valorem.
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 F. Cantone at 212-
466-5488.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division