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NY H86602

January 7, 2002

CLA-2-55:RR:NC:N3:351 H86602


TARIFF NO.: 5503.20.00

Ms. Saralee Antrum-Saizan
Customs Compliance Administrator
Carmichael International Service
533 Glendale Blvd.
Los Angeles, CA 90026-5097

RE: The tariff classification of polyester staple fibers from Korea.

Dear Ms. Antrum-Saizan:

In your letter dated December 20, 2001, on behalf of your client Kanematsu USA, Inc., you requested a ruling on tariff classification. This is a follow-up to your ruling request of August 16, 2001, which we returned for more information under our file H85128, dated August 30.

You have now submitted a sample of polyester staple fiber in a form you claim to be waste, classifiable in subheading 5505.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for waste...of man-made fibers, of synthetic fibers, of polyester. You have submitted the manufacturing process as we requested. It states that the raw materials used to produce the fibers are PET film scrap and polyester thread waste. The end product of the ensuing process is the staple fiber you have submitted.

Under the HTS, Customs has classified as "waste" products which are the by-product of a manufacturing process, generally not suitable for the ordinary and original purposes of manufacture. Waste is a refuse product, and not a manufactured good in and of itself. In this case, all of the evidence you have provided indicates that the fibers are the specific (and intended) result of a deliberate manufacturing process. The polyester staple fibers are not a by-product of manufacture or the result of a mistake of manufacture. The fact that the fibers may be manufactured from waste products does not in any way make the manufactured fibers themselves waste. In this case, the quality of the raw material is irrelevant. We find that these fibers are not waste.

The applicable subheading for this product will be 5503.20.00, HTS, which provides for synthetic staple fibers, not carded, combed or otherwise processed for spinning: of polyesters. If the decitex is less than 3.3, the statistical suffix will be 25; if it exceeds 3.3 but is less than 13.2, it will be 45; if the decitex exceeds 13.2, the suffix will be 65. The general rate of duty in any case will be 4.4 percent ad valorem.

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 646-733-3102.


Robert B. Swierupski

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