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NY N016821




September 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5503.20.00

Paul Hammill
Rtica, Inc.
999 Barton Street
Stoney Creek, Ontario L8E 5H4
Canada

RE: The tariff classification of polyester staple fibers from Canada

Dear Mr. Hammill:

In your letter dated Aug. 12, 2007, you requested a tariff classification ruling. We had to return that request to you because we needed a sample. You have now supplied the sample in an undated letter received in our office Sept. 10, 2007. The sample which you submitted is being retained by this office.

The fibers are derived from recycled polyethylene terephthalate (PET), a form of polyester. You state it is obtained from recycled bottles and film. The recycling is done in Canada and the U.S. The PET is purchased clean, in flake form, then remelted and extruded into fibers. The fibers are cut and compacted into what you call “rbuds,” which are used in blown insulation. The fibers exceed 5 mm in length. You state that you do not know the decitex.

The applicable subheading for the polyester staple fibers will be 5503.20.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for synthetic staple fibers, not carded, combed or otherwise processed for spinning: of polyesters. If the decitex is less than 3.3, the statistical suffix will be 25; if it exceeds 3.3 but is less than 13.2, it will be 45; if the decitex exceeds 13.2, the suffix will be 65. The general rate of duty in all cases will be 4.3% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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