CLA-2-39:OT:RR:E:NC:N2:237
Ms. Jane L. Johnson
Manager, Government Relations
Unifi Manufacturing, Inc.
7201 W. Friendly Ave.
P.O. Box 19109
Greensboro, NC 27419
RE: The tariff classification of recycled PET (polyethylene terephthalate) flakes from Taiwan, Indonesia and other countries.
Dear Ms. Johnson:
In your letter dated November 18, 2010, you requested a tariff classification ruling for recycled PET (polyethylene terephthalate) flakes.
The product is described as PET flakes made from post consumer PET bottle flakes, for example, used soda bottles that are collected by recycling companies, cleaned, crushed and broken into flake, then bailed for export. After importation, Unifi will melt the flakes, blend and change the viscosity, and use filtration to take out the dirt and other residues to form PET chip. Recycled PET is widely used in non-food applications, such as textiles, carpet, non-food bottles (household liquid detergent bottles), strapping, sheet for packaging and synthetic fibers (fiberfill and yarn).
In your letter, you a suggest classification under heading 3915, HTSUS, for: waste, parings and scrap of plastics. This heading covers waste, parings and scrap of a single thermosetting material or two or more thermoplastic materials mixed together, even if transformed into primary forms. This heading, however, does not apply to waste, parings and scrap of a single thermoplastic material, transformed into primary forms (headings 3901 to 3914).
The applicable subheading for the post consumer PET bottle flakes will be 3907.60.0070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: poly(ethylene terephthalate): Other, in primary forms. The rate of duty will be 6.5% ad valorem.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov.
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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division