Tariff classification of Nomex waste or scrap

HQ 083704 June 14, 1989 CLA-2 CO:R:C:G 083704 JLJ CATEGORY: Classification TARIFF NO.: 5603.00.90; 6310.90.2000 Mr. Vernon D. Kurz, Import Manager E.I. DuPont De Nemours & Company Wilmington, Delaware 19898 RE: Tariff classification of Nomex waste or scrap Dear Mr. Kurz: You requested tariff classifications under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for three types of Nomex waste or scrap. You submitted samples of the Nomex waste along with your letter. FACTS: The Nomex material is manufactured in the United States and exported to Japan. At issue are three types of waste or scrap Nomex which may be exported from Japan to the United States. The three types of waste or scrap are as follows: 1. Nomex material in finished roll form, defective because the final product is not uniform in finish, dimension and other quality factors, which is incapable of use for the purposes for which Nomex is intended (i.e., for insulating electrical cables and wrapping communication cables). 2. Roll trimmings consisting of pieces of Nomex of various size or dimensions, produced in preparing the final Nomex product for use. 3. Shredded Nomex material produced from defective rolls or from trimmings reflecting some amount of uniformity in size. In a previous Customs Headquarters Ruling Letter (HRL 076861 of October 31, 1986), it was ascertained that Nomex material was classified under the tariff provision for nonwoven fabrics, and -2- articles not specially provided for thereof, of textile materials, man-made fibers, in item 355.25, Tariff Schedules of the United States (TSUS). This classification was based on a finding by the Customs Laboratory that Nomex consisted essentially of nylon fibers impregnated with a plastic material. ISSUE: What are the HTSUSA classifications of the three types of Nomex waste or scrap listed above? LAW AND ANALYSIS: In HRL 555056 of December 22, 1988, we held that Nomex material is classified under the provision for nonwovens, whether or not impregnated, coated, covered or laminated: other: other, in subheading 5603.00.90, HTSUSA. It remains to be decided what tariff provisions apply to the three forms of waste or scrap enumerated above. The Nomex imported in conditions 1 and 2 above, both forms of which are considered to be roll goods, remnants, etc., are also classified under the provision for nonwovens, whether or not impregnated, coated, covered or laminated: other: other, in subheading 5603.00.90, HTSUSA, dutiable at the general rate of 12.5 percent ad valorem. Textile category number 223 applies to this subheading. The Nomex imported in the scrap condition described in 3 above is classified under the provision for used or new rags, scrap twine, cordage, rope and cables, and worn out articles of twine, cordage, rope or cables, of textile materials: sorted: other, in subheading 6310.10.20, HTSUSA, which is a duty-free provision. HOLDING: Nomex waste imported in conditions 1 or 2 described above is classified in subheading 5603.00.90, HTSUSA. Nomex scrap imported in condition 3 is classified in subheading 6310.10.20, HTSUSA. Sincerely, John Durant, Director Commercial Rulings Division 6cc: A.D., N.Y. Seaport (NIS-350-45) JLJohnson:tj:typed 06/12/89 Jones Library name: 083704JLJ