The tariff classification of briquettes from Brazil

N162500 May 13, 2011 CLA-2-14:OT:RR:NC:2:228 CATEGORY: Classification TARIFF NO.: 1404.90.9090 Mr. Peter Quinter Becker & Poliakoff, P.A. P.O. Box 9057 Fort Lauderdale, FL 33310-9057 RE: The tariff classification of briquettes from Brazil Dear Mr. Quinter: In your letter dated April 25, 2011, on behalf of Florida Clean Power, Coral Gables, FL, you requested a tariff classification ruling. Ingredients breakdowns, a description of the briquettes and related images were submitted with your letter. The products are cylindrical charcoal briquettes, stated to be 105 mm in diameter with lengths ranging between 150 to 250 mm. The briquettes will be provided in three varieties - 100 percent eucalyptus bark, 50 percent eucalyptus bark and 50 percent elephant grass, or 100 percent elephant grass - and imported in 1.2 ton waterproof Big-Bags. In your letter, you suggested the products should fall in subheading 4401.30.4090, Harmonized Tariff Schedule of the United States (HTSUS), the provision for sawdust and wood waste and scrap, whether or not agglomerated in briquettes. We cannot agree. Bark and elephant grass are not classified as wood. Briquettes made from these materials cannot fall in heading 4401, HTSUS. The applicable subheading for the above three eucalyptus bark and/or elephant grass briquettes will be 1404.90.9090, HTSUS, which provides for vegetable products not elsewhere specified or included … other … other … other. The duty rate will be free. 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/. The importation of this merchandise may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS) and/or the U.S. Food and Drug Administration. It is suggested you contact these agencies directly for further information. This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site www.fda.gov/oc/bioterrorism/bioact.html. 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 Stanley Hopard at (646) 733-3029. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division