NY 0870224 - The tariff classification of re-cycled fiberglass chopped strands from Canada - United States International Trade Commision Rulings

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NY 870224

January 10, 1992

CLA-2-70:S:N:N3H:351 870224

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.10.3000

Mr. Bryan Sims
Phoenix Fiberglass Inc.
466 Speers Road
Suite 201
Oakville, Ontario L6K 2G3

RE: The tariff classification of re-cycled fiberglass chopped strands from Canada

Dear Mr. Sims:

In your letter dated December 15, 1991 you requested a tariff classification ruling.

You have submitted samples of five materials, all of which, you indicate, are re-cycled from fiberglass waste. Your press release, included with your letter, indicates that sources of the re-cycled material include "post-industrial" fiberglass such as waste from manufacturing processes, and "post-consumer" fiberglass such as discarded boat hulls and car bodies. The press release also states that you have developed a mechanical process to separate the two main components of fiberglass, i.e., glass fibers and plastic resin. The samples you submitted are the various products of this process.

Items CSX-1 and CSX-2 are composed of chopped glass fibers with approximately 10% entrapped polyester particles. The glass fibers in CSX-1 have an average length of approximately two inches, and those in CSX-2 have an average length of approximately one inch.

Items MFX-1 and MFX-2 are composed of chopped glass fibers with approximately 30% entrapped polyester particles. The glass fibers in MFX-1 have an average length of approximately one-half inch, and those in MFX-2 have an average length of approximately one-quarter inch.

You indicate in your letter that these glass fiber products are typically used in the plastics industry as a structural additive.

Item PHX-40 is in the form of a fine powder containing approximately 60% powdered polyester resin and 40% glass fibers.

The applicable subheading for items CSX-1, CSX-2, MFX-1 and MFX-2 will be 7019.10.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass fibers...and articles thereof...; slivers, rovings, yarn and chopped strands; chopped strands. The duty rate will be 6.2% ad valorem.

Goods classifiable under subheading 7019.10.3000, HTS, which have originated in the territory of Canada, will be entitled to a 3.7% rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Your inquiry does not provide enough information for us to give a classification ruling on item PHX-40. Your request for a classification ruling should include the identity of the polyester and whether it is a saturated or an unsaturated type.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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