CLA-2-53:RR:NC:TA:351 D83471
Mr. Bill Jerome
H.A. & J.L. Wood, Inc.
231 N. 3rd Street
Pembina, ND 58271
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of flax waste from
Canada; Article 509.
Dear Mr. Jerome:
In your letter dated October 8, 1998 you requested a ruling
on the status of "Durafibre" and "Durafill" from Canada under the
NAFTA. This request was made on behalf of Durafibre, Inc.
Samples of products called "Durafibre" and "Durafill" were
submitted. These products are a result of a manufacturing of raw
flax straw. The manufacturing process is described as follows:
The raw flax straw is collected from agricultural fields after
the crop has been harvested for the flax seeds. The straw is
brought to the plant in bale form. It is mechanically processed
into fibre, or ground into a grainy or powder like substance.
The fibre ("Durafibre") would be used for pulp and paper, geo-textile, and automotive applications. The fibre is also further
processed by grinding into "Durafill" which is used in the
composite industry as a filler/reinforcer for plastics.
The applicable tariff provision for the flax products will
be 5301.30.0000, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for flax, raw or processed but
not spun, flax tow and waste. The general rate of duty will be
Free.
The scutched fibre and fill, being wholly obtained or
produced entirely in the territory of Canada, will meet the
requirements of HTSUSA General Note 12(b)(i), and will therefore
be entitled to a Free rate of duty under the NAFTA upon
compliance with all applicable laws, regulations, and agreements.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181).
This ruling letter is binding only to the party to whom it
is issued and may be relied on only by that party.
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 Camille
Ferraro at 212-466-5885.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division