CLA-2-55:OT:RR:NC:N3:351
Ms. Mika M. McLafferty
GDLSK
399 Park Avenue, 25th Floor
New York, NY 10022-4877
RE: The tariff classification of deconstructed carpet waste
Dear Ms. McLafferty:
In your letters dated June 17 and Sept, 16, 2014, you requested a tariff classification ruling on behalf of your client, Aquafil USA, Inc., of Cartersville, Georgia.
You submitted two samples. One is a product you call PA6 Fiber Fluff. It is described as 98.45% nylon 6 and 1.55% undefined ash and volatiles. The other product, PA6 Fiber Densified, is described as 99.02% nylon 6 and 0.98% undefined ash and volatiles. Both are manufactured, or actually deconstructed, from used carpeting; the fibers are obtained as garnetted stock. It is important to note that waste such as these products is a refuse product and not a manufactured good in and of itself.
In each case, the nylon is in the form of staple fibers cut from filaments less than one millimeter in diameter. This makes both products textile, classifiable in Section XI, Harmonized Tariff Schedule of the United States (HTSUS). Legal Note 1(g) to Section XI noted.
The fluff product is produced from used carpets by a shearing machine that removes the pile from the backing; a debris separator then removes the ash and metal parts. What is left is scrap yarns and fibers no more than five or so millimeters in length, of different colors and characteristics (depending on their original carpet source). The fluff product is transformed into the densified product by being partially melted in friction gears, making it denser and easier to transport and manipulate. Neither product has been carded, combed or otherwise processed for spinning.
You state that this processing will be Italy or another, undetermined NTR country, that is, a country subject to normal trade relations. It is also possible that this will occur in the United States.
The applicable subheading for the nylon scrap yarn and fibers in both forms described above will be 5505.10.0020, HTSUS, which provides for waste of nylon fibers (including noils, yarn waste, and garnetted stock). The merchandise, if imported from an NTR country, will be free of duty.
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/.
You suggest classification in subheading 3908.10, HTSUS, which provides for polyamides in primary forms. Legal Note 6 to chapter 39, HTSUS, states,
In headings 3901 to 3914, the expression “primary forms” applies only to the following forms: (a) Liquids and pastes, including dispersions (emulsions and suspensions) and solutions; (b) Blocks of irregular shape, lumps, powders (including molding powders), granules, flakes and similar bulk forms.
As stated above, the nylon is a textile of Section XI for tariff classification purposes, not any of the primary forms of plastic. Legal Note 2(p) to chapter 39 excludes textiles and textile articles of Section XI from classification in any of the provisions of Chapter 39.
The samples will be returned.
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 Mitchel Bayer at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division