The tariff classification of a foldable activated carbon based filter cartridge from China.

N249075 February 6, 2014 CLA-2-68:OT:RR:NC:N2:237 CATEGORY: Classification TARIFF NO.: 6815.10.0000 Ms. Debra Dudzinski LF USA Incorporated 4620 Grandover Parkway Greensboro, North Carolina 27407 RE: The tariff classification of a foldable activated carbon based filter cartridge from China. Dear Ms. Dudzinski: In your letter dated December 27, 2013 you requested a tariff classification ruling. You provided a component breakdown and a sample for our review. Your sample is being returned. Corner Filter Cartridge Style # GF-6PK consists of a foldable rectangular shaped filter cartridge for aquariums. It is composed of two rectangular pieces of nonwoven textile fiber fabric foam which are heat sealed on the inner sides to a rectangular plastic frame with six square cutouts, thus forming six pouches containing activated carbon. The plastic frame may be folded to fit the inside of various corner filters and also functions to support the filter pouches. The fabric pouches contain activated carbon and also function to filter out suspended particles. Activated carbon functions to remove undesirable odors, pigments and chlorine gas. Activated carbon imparts the essential character to the article. 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 68.15 (1) is relevant to your product and provides: The heading covers, inter alia: Non-electrical articles of natural or artificial graphite (including nuclear grade), or other carbons for example: filters; discs; bearings; tubes and sheaths; worked bricks and tiles; molds for the manufacture of small articles of delicate design (e.g., coins, medals, lead soldiers for collections). Your product consisting of an activated carbon based filter cartridge meets the description for non-electrical articles (filters) of other carbons (activated carbon) in EN 68.15. The applicable subheading for the Corner Filter Cartridge will be 6815.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Non-electrical articles of graphite or other carbon. 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., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, 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 (646) 733-3038. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division