Mr. David Charak II
Federal International, Incorporated
3948 Lindell Blvd.
St. Louis, MO 63108
RE: The tariff classification of polyurethane foam scrap.
Dear Mr. Charak:
In your letter dated March 25, 1991, you requested a tariff
The polyurethane foam scrap is imported in bales. The scrap
will be shredded, compressed and sliced to make carpet underlay.
The country of origin was not stated in your letter. For the
purposes of this letter, it is assumed that the country of origin
is eligible for Most Favored Nation duty treatment.
The applicable subheading for the polyurethane foam scrap
will be 3915.90.0000, Harmonized Tariff Schedule of the United
States (HTS), which provides for waste, parings and scrap, of
plastics, other. It is free of duty.
There is no prohibition on the importation of polyurethane
foam scrap. Such scrap, however, may be subject to the
regulations of the Environmental Protection Agency (EPA), Office
of Pesticides and Toxic Substances. This office conferred with
the EPA. At the time of entry, the invoice should contain a
positive Toxic Substance Control Act (TOSCA) certification
I certify that all chemical substances in this shipment
comply with all applicable rules or orders
under TOSCA, and that I am not offering a
chemical substance for entry in violation of
TOSCA or any applicable rule or order
You may contact the EPA at 402 M Street, S.W., Washington,
D.C., telephone number (800) 424-9086.
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
Jean F. Maguire
New York Seaport