CLA-2-38:OT:RR:NC:N2:237
Mr. Arno V. Zoppi
Import - Export Specialist
TIMCAL Ltd.
Strada Industriale 12
CH - 6743 Bodio
Switzerland
RE: Tariff classification of carbon black in semi-colloidal suspension from Switzerland.
Mr. Zoppi:
In your letter dated September 24, 2013 you requested a tariff classification ruling. You provided a technical data sheet and a summary table for our review.
TIMCAL Dispersion CB consists of finely divided carbon black powder in semi-colloidal suspension in water with small amounts of stabilizers but without binders. The product is designed for use in electrically conductive coatings, release agents, anti-corrosion coverings and base formulations. The product may be applied by spraying, dip coating or brushing. The product will be imported as a black liquid in 25 kg barrels, 200 kg drums or 1000 kg containers.
In your letter you suggest classification in subheading 3801.20.0000, HTSUS, which provides for: Colloidal or semi-colloidal graphite. However, this category covers only graphite in colloidal or semi-colloidal suspension, the graphite being the basic constituent. Carbon black particles are less regularly crystalline than graphite which is a variety of carbon heated to a sufficiently high temperature (2500C to 3200C) to ensure graphitization and a homogeneous microcrystalline structure. Therefore, your product must be classified elsewhere in the tariff.
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While neither 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). EN 38.01 (3) provides for: Preparations based on graphite or other carbon in the form of pastes, blocks, plates or other semi-manufactures. EN 38.01 (3) (a) (i) is relevant to your product and provides for: “Carbons” obtained by the firing, at a temperature (1000 to 1200 ºC) insufficient to produce true “graphitization”, of mixtures of finely ground coke or lamp black and powdered natural or artificial graphite with carbonaceous binders such as pitches or tars. The structure of the products thus obtained is not homogeneous; microscopic examination shows a mixture of grains of graphite with grains of amorphous carbon and, on chemical analysis, the graphitic acid precipitate is weaker than that obtained from artificial graphite. Your product, which is described as a semi-finished dispersion of carbon black, meets the description in EN 38.01 (3) (a) (i).
The applicable subheading for TIMCAL Dispersion CB will be 3801.90.0000, HTSUS, which provides for: Other (preparations based on graphite or other carbon in the form of pastes, blocks, plates or other semi-manufactures). The rate of duty will be 4.9% ad valorem.
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,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division