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NY L82087




February 9, 2005

CLA-2-63:RR:NC:N3:351 L82087

CATEGORY: CLASSIFICATION

TARIFF NO.: 6310.10.2020

Mr. George Keller
Customs Advisory Services, Inc.
1003 Virginia Ave.
Suite 200
Atlanta, GA 30354

RE: The tariff classification of carpet scraps.

Dear Mr. Keller:

In your letter dated Jan.26, 2005, you requested a ruling on behalf of Wellman, Inc., on tariff classification.

Your letter states that Wellman will be importing carpet scraps from the European Union in bales measuring 6’ x 8’ or 8’ x 12’. The scraps will be imported as trimmings, cut pieces, and damaged and defective pieces. The carpet scraps will be tufted fibers in a primary polypropylene backing; the latex filler and secondary polypropylene backing will have been removed prior to importation. The scraps will consist of nylon 6 or 6.6, polyester, or polypropylene. You have included with your letter a sample, roughly 4” x 3”. The scraps will be imported to recycle the fibers by chopping, melting, and extruding to form resin in pellet form.

In a telephone conversation, your office stated that the scraps are imported in various sizes. For the purposes of this ruling, we shall assume that they are of a size that cannot be repaired or processed to be reused as carpets or rugs. Also, if any scraps are of a size that would allow for use as a carpet or rug, we assume that these pieces are so defective, damaged, or soiled that they would be incapable of such use.

The applicable subheading for the carpet scraps will be 6310.10.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for used or new rags, sorted: Other, of man-made fibers. The general rate of duty will be Free.

In you letter you suggest classification of the carpet scraps of polyester and polypropylene in subheading 3915.90.00, HTS, which provides for waste, parings and scrap of plastics. However, the polyester and polypropylene in the carpet scraps is in the form of textile fibers and thus not classifiable in Chapter 39, HTS, which covers plastics. The ruling you cite as precedent, NY 884063, issued April 1, 1993, concerned polypropylene in the form of foam, not fibers.

While you state that the scraps will be imported from the European Union, please be advised that marking your products with European Union, E.U., European Community or E.C. would not be acceptable marking under 19 U.S.C. 1304 because it does not designate a proper country of origin.

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

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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