CLA-2-39:S:N:N1-F:238 872133
Mr. Bryan Sims
Phoenix Fibreglass
466 Speers Road, Suite 201
Oakville, Ontario L6K 2G3
RE: The tariff classification of PHX-40 recycled resin, in
powder form, from Canada.
Dear Mr. Sims:
In your letter dated February 3, 1992, received on March 10,
1992, you requested a tariff classification ruling.
The product in question, PHX-40, is a recycled unsaturated
polyester resin, in powder form. You describe it as " ... a
general purpose thermosetting resin."
The applicable subheading for this product will be
3907.91.5000, Harmonized Tariff Schedule of the United States
(HTS), which provides for polyacetals, other polyethers and
epoxide resins, in primary forms; polycarbonates, alkyd resins,
polyallyl esters and other polyesters, in primary forms: other
polyesters: unsaturated: other. The rate of duty, if considered
to be goods originating in the territory of Canada, will be 0.1
cents per kilogram plus 1.8 percent ad valorem. Otherwise, the
rate of duty will be 0.9 cents per kilogram plus 9 percent ad
valorem.
This merchandise may be subject to the regulations of the
Environmental Protection Agency, Office of Pesticides and Toxic
Substances. You may contact them at 402 M Street, S.W.,
Washington, D.C. 20460, telephone number (202) 554-1404, or EPA
Region II at (908) 321-6669.
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