The tariff classification of re-cycled fiberglass chopped strands from Canada

NY 870224 January 10, 1992 CLA-2-70:S:N:N3H:351 870224 CATEGORY: Classification TARIFF NO.: 7019.10.3000 Mr. Bryan Sims Phoenix Fiberglass Inc. 466 Speers Road Suite 201 Oakville, Ontario L6K 2G3 RE: The tariff classification of re-cycled fiberglass chopped strands from Canada Dear Mr. Sims: In your letter dated December 15, 1991 you requested a tariff classification ruling. You have submitted samples of five materials, all of which, you indicate, are re-cycled from fiberglass waste. Your press release, included with your letter, indicates that sources of the re-cycled material include "post-industrial" fiberglass such as waste from manufacturing processes, and "post-consumer" fiberglass such as discarded boat hulls and car bodies. The press release also states that you have developed a mechanical process to separate the two main components of fiberglass, i.e., glass fibers and plastic resin. The samples you submitted are the various products of this process. Items CSX-1 and CSX-2 are composed of chopped glass fibers with approximately 10% entrapped polyester particles. The glass fibers in CSX-1 have an average length of approximately two inches, and those in CSX-2 have an average length of approximately one inch. Items MFX-1 and MFX-2 are composed of chopped glass fibers with approximately 30% entrapped polyester particles. The glass fibers in MFX-1 have an average length of approximately one-half inch, and those in MFX-2 have an average length of approximately one-quarter inch.  You indicate in your letter that these glass fiber products are typically used in the plastics industry as a structural additive. Item PHX-40 is in the form of a fine powder containing approximately 60% powdered polyester resin and 40% glass fibers. The applicable subheading for items CSX-1, CSX-2, MFX-1 and MFX-2 will be 7019.10.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass fibers...and articles thereof...; slivers, rovings, yarn and chopped strands; chopped strands. The duty rate will be 6.2% ad valorem. Goods classifiable under subheading 7019.10.3000, HTS, which have originated in the territory of Canada, will be entitled to a 3.7% rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. Your inquiry does not provide enough information for us to give a classification ruling on item PHX-40. Your request for a classification ruling should include the identity of the polyester and whether it is a saturated or an unsaturated type. 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