Ms. Lourdes Bathard
Paul M. Voight CHB Inc.
26 North Federal Highway
Dania Beach, FL 33004
RE: The tariff classification of waste and scrap from Haiti.
Dear Ms. Bathard:
In your letter dated July 10, 2012 you requested a tariff classification ruling on behalf of your client, Mets International Inc.
The items under consideration are waste and scrap materials consisting of plastic bottles, plastic bags and aluminum beverage cans that will be recycled after importation. Four pictures were provided with your letter showing the plastic scrap as it is collected and shipped. No representative photographs of the aluminum cans were submitted; however, in a telephone conversation you stated that the aluminum cans are gathered and shipped in a similar manner.
The plastic scrap is imported in two different forms. The first type consists of various styles of bags and packaging pouches made of high density polyethylene (HDPE) film that are no longer suitable for their intended purpose. The second type consists of empty bottles made of polyethylene terephthalate (PET) plastic that were used to hold beverages or other liquids. You indicate that the aluminum beverage cans were also used to hold beverages such as soft drinks and are similar to soda cans.
The HDPE film, PET bottles and aluminum cans are gathered from the streets of Haiti as well as recycling bins or drop off sites set up for that purpose. The scrap HDPE film is gathered and baled. The scrap PET bottles and the scrap aluminum cans are gathered, crushed and baled. None of the plastic scrap is chopped, shredded or otherwise processed.
The applicable subheading for the scrap HDPE film will be 3915.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for waste, parings and scrap, of plastics: of polymers of ethylene. The rate of duty will be free.
The applicable subheading for the scrap PET bottles will be 3915.90.0010, HTSUS, which provides for waste, parings and scrap, of plastics: of other plastics…of polyethylene terephthalate (PET) plastics. The rate of duty will be free.
The applicable subheading for the scrap aluminum cans will be 7602.00.0030, HTSUS, which provides for aluminum waste and scrap, used beverage container scrap. The rate of duty will be free.
In your request, you also inquire as to the country of origin of the waste and scrap. Based on the information provided, it is the opinion of this office that the country of origin of the subject waste and scrap is Haiti.
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 Mary Ellen Laker at (646) 733-3020.
Thomas J. Russo
National Commodity Specialist Division