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NY K88617




May 6, 2005

CLA-2-55:RR:NC:N3:351 K88617

CATEGORY: CLASSIFICATION

TARIFF NO.: 5505.10.0020

Munford Page Hall, II
Dorsey & Whitney LLP
1001 Pennsylvania Ave., N.W.
Suite 400 South
Washington, D.C. 20004-2533

RE: The tariff classification of synthetic waste staple aramid fibers from Germany

Dear Mr. Hall:

In your letter dated September 29, 2004, you requested a tariff classification ruling on behalf of your client, Kordyne, International, of Hilton Head, South Carolina. Our response was delayed by a laboratory analysis.

You submitted a sample of aramid fibers that you call Twaron-B; you state that the B indicates “an off-spec by-product produced during the manufacturing of filament and staple Twaron-A.” You further state that Twaron-B is commercially viewed as a substandard product which suffers from crimp, cut-length inconsistencies, denier variations, closed fibers, and other qualities rendering it inferior, due to temperature and viscosity variations of the aramid polymers; equipment failures; abnormal polymer quenching; inconsistent wind-up conditions; and uneven cut lengths. You have enclosed a letter from the manufacturer that states that the B form cannot be substituted for the A in yarn-spinning and it can only be blended with other fibers to create a filler or felt with fire-retarding properties, not its intended use.

The Customs and Border Protection laboratory reports that these are waste fibers.

The applicable subheading for the Twaron-B aramid waste fibers will be 5505.10.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for “Waste (including noils, yarn waste and garneted stock) of man made fibers; of nylon or other polyamides.” The rate of duty will be Free.

We note that your letter, a follow-up to letters of June 30 and August 4, 2004, no longer requests confidential treatment for any information.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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