CLA-2-85:RR:NC:MA: 112 A80265

Mr. Florian D. Schepacarter
Leschaco, Inc.
Hemisphere Center
Rts. 1&9 South & International Way
Newark, NJ 07114

RE: The tariff classification of anode/cathode halfshells, and electrodes from Germany and/or Sweden

Dear Mr. Schepacarter:

In your letter dated February 6, 1996, on behalf of Unde GMBH, you requested a tariff classification ruling.

The titanium anode and nickel cathode halfshells each form one-half of a complete electrolytic membrane cell. After importation, the halfshells are joined together with other components to form a complete cell. Each complete cell becomes part of a cell rack, which is the integral component in a chlor alkali electrolysis plant. This plant uses the electrolysis process for the low energy production of chlorine and caustic soda solution.

Electrodes are the electrical conductor element of each cell and are attached to both the anode halfshell and cathode halfshell. During the electrolysis process, an electrical charge passes through these electrodes and interacts with salt water solution to produce chlorine.

The applicable subheading for the anode and cathode halfshells, and the electrodes, will be 8543.90.7580, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts of electrical machines and apparatus,...,not specified or included elsewhere in Chapter 85. The rate of duty will be 3.4 percent ad valorem. Although your initial request inquired as to the possible application of subheading 9802.00.6000, HTS, to the imported electrodes, additional information provided by your client indicates that this is no longer an issue.

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 David Curran at 212-466-5680.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division