CLA-2-38:OT:RR:E:NC:2:239
Mr. Mick W. Blakely
UPS-SCS
2150 Peace Portal Drive
Blaine, WA 98230
RE: The tariff classification, country of origin marking, and status under the North American Free Trade Agreement (NAFTA), of “Zorba 15” from Canada; Article 509
Dear Mr. Blakely:
In your letter dated December 7, 2011, on behalf of your client Richmond Steel Recycling Ltd., you requested a ruling on the status of “Zorba 15” from Canada under the NAFTA.
The instant product is a mixture of Auto Shredder Residue (shredded materials remaining from vehicles, after all reusable parts have been removed, including plastics, rubber, foam, paper, fabric, glass, sand, dirt) and metals.
The applicable tariff provision will be 3825.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Residual products of the chemical or allied industries, not elsewhere specified or included; municipal waste; sewage sludge; other wastes specified in note 6 to this chapter: Municipal waste. The general rate of duty will be free.
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/.
General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if-- (i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or (ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that-- (A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein, …
Based on the facts provided, the product described above qualifies for NAFTA preferential treatment, because it meets the requirements of HTSUS General Note 12(b)(i). The product will therefore be duty free under the NAFTA upon compliance with all applicable laws, regulations, and agreements.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).
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 Richard Dunkel at 646-733-3032.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division