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NY 859063


January 7, 1991

CLA-2-55:S:N:N3H:351 859063

CATEGORY: CLASSIFICATION

TARIFF NO.: 5202.99.0090; 5505.10.0040; 5505.20.0000

Mr. Jere Griggs
Pen Holdings, Inc.
P.O. Box 2128
Brentwood, TN 37027

RE: The tariff classification of textile mill by-products (waste) from Taiwan, Hong Kong and China.

Dear Mr. Griggs:

In your letter dated December 12, 1990 you requested a tariff classification ruling.

You request information on the classification and quota status of textile mill by-products (waste) containing less than 50% cotton. The waste will be in chief weight of polyester or in chief weight of rayon. Specifically, you inquire about the classification of card waste, fly waste, card strips, reworkable sliver (sliver waste), and pneumafil (sliver and roving waste). In addition, you inquire about the classification and quota status of card strips in chief weight of cotton made from cotton having a staple length of 30.1625 mm (1 3/16 inches) and over and 100% cotton gin motes. No samples were provided.

The applicable subheading for the waste in chief weight of polyester will be 5505.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for waste...of man-made fibers, of synthetic fibers, of polyester. The applicable subheading for the waste in chief weight of rayon will be 5505.20.0000,HTS, which provides for waste... of man-made fibers, of artificial fibers. The rates of duty for both subheadings will be 2.1 percent ad valorem.

The applicable subheading for the 100% cotton gin motes (provided they have not been cleaned or further processed) and the card strips in chief weight of cotton and made from cotton having a staple length 30.1625 mm (1 3/16 inches) and over, will be 5202.99.0090, HTS, which provides for cotton waste... other, other. This subheading is free of duty.

None of the merchandise covered by the above subheadings is subject to agricultural quota under subheading 9904.30,HTS.

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

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