CLA-2-85:OT:RR:NC:N2:237
Ms. Debra Cheek Blalock
Trade Compliance Manager
Laird Technologies
3481 Rider Trail South
Earth City, Missouri 63045
RE: The tariff classification of a graphite based electrically and thermally conductive interface pad from various countries.
Dear Ms. Blalock:
In your letter dated May 13, 2013 you requested a tariff classification. You provided a Tgon 800 Series Product Description sheet and a Tgon 800 Series Typical Properties sheet for our review.
Tgon 800 Series Electrically and Thermally Conductive Interface Pad is described as a sheet that has been extruded or molded under pressure from a heat-treated composition of graphite, carbon and pitch (>98%) which may also contain metallic powders. The product is designed for use in all types of electronics where electrical isolation is not required and where electrical contact and thermal transfer of heat from a heat generating component into a heat sink is required. The product is available in four different forms: (1) graphite pad alone, (2) graphite pad with PET film, (3) graphite pad with adhesive, or (4) graphite pad with PET film and adhesive. The product is supplied in the following standard thicknesses: 0.005" Tgon 805 (0.125mm), 0.010" Tgon 810 (0.25mm) and 0.020" Tgon 820 (0.50mm); and in the following standard sheet sizes: 12" x 18" (305mm x 457mm), 18" x 24" (457mm x 610mm) or in rolls or die-cut to specification. Carbon and graphite impart the essential character of the product.
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The EN to Chapter 85.45 provides: This heading covers all articles of graphite or other carbon which are recognizable by their shape, dimensions or otherwise, as being for electrical purposes, whether or not they contain metal. In general, these articles are obtained by the extrusion or by the moulding (usually under pressure) and heat-treatment of a composition which, in addition to its basic constituent (natural carbon, carbon black, gas carbon, coke, natural or artificial graphite, etc.) and the necessary binders (pitch, tar, etc.), may also contain other substances such as metallic powders. In some cases the articles of this heading may be coated electrolytically or by spraying (e.g., with copper) to increase their conductivity and decrease their rate of wear. They remain classified here even if fitted with eyelets, terminals or other means of connection. Your product meets the requirements in EN 85.45.
The applicable subheading for the Tgon 800 Series Electrically and Thermally Conductive Interface Pad will be 8545.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes. The rate of duty will be free.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Frank Cantone at (646) 733-3038.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division