CLA-2-70:S:N:N3H:351 870224
Mr. Bryan Sims
Phoenix Fiberglass Inc.
466 Speers Road
Suite 201
Oakville, Ontario L6K 2G3
RE: The tariff classification of re-cycled fiberglass chopped
strands from Canada
Dear Mr. Sims:
In your letter dated December 15, 1991 you requested a
tariff classification ruling.
You have submitted samples of five materials, all of which,
you indicate, are re-cycled from fiberglass waste. Your press
release, included with your letter, indicates that sources of
the re-cycled material include "post-industrial" fiberglass such
as waste from manufacturing processes, and "post-consumer"
fiberglass such as discarded boat hulls and car bodies. The
press release also states that you have developed a mechanical
process to separate the two main components of fiberglass, i.e.,
glass fibers and plastic resin. The samples you submitted are
the various products of this process.
Items CSX-1 and CSX-2 are composed of chopped glass fibers
with approximately 10% entrapped polyester particles. The glass
fibers in CSX-1 have an average length of approximately two
inches, and those in CSX-2 have an average length of
approximately one inch.
Items MFX-1 and MFX-2 are composed of chopped glass fibers
with approximately 30% entrapped polyester particles. The glass
fibers in MFX-1 have an average length of approximately one-half
inch, and those in MFX-2 have an average length of approximately
one-quarter inch.
You indicate in your letter that these glass fiber products
are typically used in the plastics industry as a structural
additive.
Item PHX-40 is in the form of a fine powder containing
approximately 60% powdered polyester resin and 40% glass fibers.
The applicable subheading for items CSX-1, CSX-2, MFX-1 and
MFX-2 will be 7019.10.3000, Harmonized Tariff Schedule of the
United States (HTS), which provides for glass fibers...and
articles thereof...; slivers, rovings, yarn and chopped strands;
chopped strands. The duty rate will be 6.2% ad valorem.
Goods classifiable under subheading 7019.10.3000, HTS, which
have originated in the territory of Canada, will be entitled to a
3.7% rate of duty under the United States-Canada Free Trade
Agreement (FTA) upon compliance with all applicable regulations.
Your inquiry does not provide enough information for us to
give a classification ruling on item PHX-40. Your request for a
classification ruling should include the identity of the
polyester and whether it is a saturated or an unsaturated type.
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
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport