HQ 083704: Tariff classification of Nomex waste or scrap

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      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
















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          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