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NY J82171

March 17, 2003

CLA-2-27:RR:NC:SP:237 J82171


TARIFF NO.: 2701.11.0000

Mr. Dan S. Byun
American Vantec Inc.
2300 E. Higgins Road, #208
Elk Grove Village, Illinois 60007

RE: The tariff classification of anthracite coal from the Ukraine.

Dear Mr. Byun:

In your letter received March 6, 2003, on behalf of Graphtek LLC, you requested a tariff classification ruling for anthracite coal having a carbon level greater than 90 percent and a sulfur content below 1 percent, for use in energy and metallurgical applications.

Chapter 27 Subheading Note 1 is relevant to articles which may fall under Heading 2701 for coal and provides: for the purposes of heading 2701.11, “anthracite” means coal having a volatile matter limit (on a dry, mineral-matter-free basis) not exceeding 14 percent. Based on Sommer-Frey Analytical Lab Reports # 02A3457-001 and –002 dated June 26, 2002, test results show a volatile matter content of 2.33 and 2.02 percent by weight.

Accordingly, the applicable subheading for anthracite coal having a volatile matter content of 2.33 and 2.02 percent by weight will be 2701.11.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for anthracite. The rate of duty is free.

This merchandise may be subject to the requirements of the Toxic Substances Control Act administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404.

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 merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.


Robert B. Swierupski
Director, National Commodity
Specialist Division

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