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NY 882088




February 2, 1993

CLA-2-47:S:N8: 882088

CATEGORY: CLASSIFICATION

TARIFF NO.: 4707.90.0000

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
P.O. Box 800
Champlain, N.Y. 12919

RE: The tariff classification of Municipal Solid Waste from Canada.

Dear Mr. Leclair:

In your letter dated January 19, 1993, on behalf of the Intercounty Solid Waste Coordinating Committee of Warren County, New York, you requested a tariff classification ruling.

New York State's Warren County has incinerating equipment that is capable of burning solid waste material producing steam that is used to drive turbines and generate electricity. Municipal Solid Waste (MSW) will be obtained from the townships surrounding Kingston, Ontario. It will consist predominantly of paper and paper products with some food residue. The waste will not contain glass, tin, chemical or toxins. (A TOSCA Certification will be obtained.) Warren County would import the waste on a daily basis for incinerating and would be paid by the Kingston townships for removing the waste.

The applicable subheading for the Municipal Solid Waste (MSW) consisting preponderantly of paper and paper products will be 4707.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for: Waste and scrap of paper and paperboard: Other (than certain enumerated kinds): including unsorted waste and scrap. The rate of duty will be Free.

Environmental considerations (other than TOSCA Certification) which may apply to the transaction described are not affected by this decision.

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

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