The tariff classification of synthetic graphite in colloidal suspension from Switzerland.

N244313 August 13, 2013 CLA-2-38:OT:RR:NC:N2:237 CATEGORY: Classification TARIFF NO.: 3801.20.0000 Mr. Arno V. Zoppi Import - Export Specialist TIMCAL Ltd. Strada Industriale 12 CH - 6743 Bodio Switzerland RE: The tariff classification of synthetic graphite in colloidal suspension from Switzerland. Mr. Zoppi: In your letter dated July 22, 2013 you requested a tariff classification ruling. You provided a TIMCAL Dispersion 15 Technical Data Sheet for our review. TIMCAL Dispersion 15 is described as a finely divided synthetic graphite and carbon black in colloidal suspension in water with binders and additives. The synthetic graphite imparts the essential character of the preparation. The product is used for electrically conductive coatings, release agents and corrosion protection. The product may be applied by spraying, dip coating or brushing. The product comes in 230 kilogram size drums. 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 (2) (a) provides: Colloidal graphite consists of finely divided natural or artificial graphite in colloidal suspension in water or in other media (e.g., alcohol, mineral oil), to which may be added small quantities of other products such as tannin or ammonia for the purpose of stabilizing the suspension. Colloidal graphite is usually semi-liquid, and is mainly used for the manufacture of lubricating preparations or for its high electrical conductivity. Your product, which consists of finely divided synthetic graphite in colloidal suspension for use in electrically conductive coatings, etc., meets the description for colloidal graphite in EN 38.01 (2) (a). The applicable subheading for TIMCAL Dispersion 15 will be 3801.20.0000, HTSUS, which provides for: Colloidal or semi-colloidal graphite. 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, Deborah C. Marinucci Acting Director National Commodity Specialist Division