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HQ 952757


March 9, 1993

CLA-2 CO:R:C:T 952757 CAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 5202.10.0000; 5202.99.0090; 5305.11.0000; 5505.10.0060; 6310.10.2020

PT. SEGORO FIBERINDO MULYO
Jl. Menganti (Gemol) 50
Kedurus - Surabaya
Indonesia

RE: Classification of various textile items

Dear Sir/Madam:

This letter is in response to your inquiry of September 24, 1992, requesting a tariff classification concerning various textile items under the Harmonized Tariff Schedule of the United States (HTSUSA). Seventeen samples were submitted for examination.

FACTS:

After carefully examining the samples you submitted as well as your presented data, it appears that there is insufficient information to classify many of the samples. We will issue a tariff classification where we have enough information to do so. In the cases where the background information is lacking, we will provide you with specific supplemental data requests so that you may submit another binding ruling inquiry.

The submitted samples are characterized as follows:

1. Sample 1, cotton comber waste, appears to be cotton fibers thrown off during the combing process.

2. Sample 2, cotton yarn waste, consists of a mass of broken, knotted, and tangled yarns of varying lengths.

3. Sample 3, cotton willowed droppings, appears to be cotton fibers thrown off during the willowing (opening and picking) process.

4. Sample 4, polyester drawn/undrawn waste, is a tangled mass of short filaments. There was insufficient information presented to make a classification determination. In order for us to make such a determination, you have to provide additional information concerning the origin of this merchandise.

5. Sample 5, polyester extrusion waste, is a tangled mass of polyester filaments. As stated in Number 4, you have to provide additional information concerning the origin of this merchandise.

6. Sample 6, polyester reprocessed fiber waste, appears to be a waste product thrown off during one of the stages of yarn manufacture. We need additional information regarding the origin of the merchandise and an explanation of what has been done to the sample during reprocessing.

7. Sample 7 is described by you as TCTR yarn waste. In order to classify this sample, we need information stating the fiber content of the waste, a description of the source of this waste, and an explanation of how it was reprocessed.

8. Sample 8, described by you as polypropelene, appears to be a mass of broken, knotted, and tangled yarns varying in length. We need information as to whether it is a byproduct hurled off in the process of making yarn or fiber.

9. Sample 9 is described by you as TCTR yarn waste. Supplemental information should be provided as to the fiber content and a description of the source of this waste.

10. Sample 10, rayon yarn waste, is a mass of broken, knotted, and tangled yards of varying lengths. Information should be supplied concerning the origin of the waste.

11. Sample 11 is described by you as rayon reprocessed fiber waste. You need to explain what has been done to Sample 11 during reprocessing.

12. Sample 12 is raw, unspun, unprocessed, coconut fiber.

13. Sample 13, white acrylic yarn waste is a mass of broken, knotted, and tangled yarns varying in length.

14. Sample 14 is acrylic yarn waste varying in color and length.

15. Sample 15 is described by you as a mixed color acrylic reprocessed fiber. Again, you need to explain what has been done to the sample during reprocessing.

16. Sample 16, described as "velt chips waste", is a group of irregularly-shaped scraps of napped knitted fabric.

17. Sample 17, described as "TRC yarn, tokubo yarn, and ring spinning yarn" consists of 3 textile articles. In order for us to classify these samples, you need to furnish the fiber content of the samples. Also, depending on the fiber content, various other data (i.e., denier, tenacity, twist, whether textured, number plies, and method of packaging for retail sale) should be submitted.

ISSUE:

What is the applicable tariff classification of the merchandise in question?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's, taken in order.

In E. Dillingham, Inc. v. United States, 70 Cust. Ct. 43, C.D. 4406 (1973), the court stated that for tariff purposes, waste includes manufactured articles which have been thrown off at some stage of the manufacturing process, become useless for the original intended purpose, and in their present state suitable only for remanufacture into something else. The court further noted that such articles are no longer considered waste if they are subject to cleaning, bleaching, coloring, or otherwise advanced. These particular articles are considered "advanced waste". Advanced waste also includes fibers recovered by cleaning, (except willowing), degumming, carbonizing, cutting, pickering, garnetting or similar procecces. However, advanced waste does not include fibers which have been carded, combed, or similarly processed, or reusable yarns or threads.

Heading 5202, HTSUSA, provides for cotton waste (including yarn waste and garnetted stock). The Explanatory Notes to the Harmonized Commodity and Description System (EN), although not legally binding, constitute the official interpretation of the tariff at the international level. The EN to Heading 5202, HTSUSA, state in pertinent part:

In general, this heading covers waste cotton obtained when cotton is prepared for spinning, or during spinning operations, weaving, knitting, etc., or from the garnetting of cotton goods.

It thus includes:

Combing waste, usually referred to as comber noils; strippings recovered from carding or combing cylinders; broken fibres detached during the drawing process; fragments of slivers or rovings; carding fly; tangled yarn and other yarn waste; yarn and fibres resulting from the garnetting of rags.

This waste may contain greasy matter, dust or other extraneous matter or may have been cleaned, bleached or dyed. It may be used for spinning or may serve for other purposes.

Sample 1, cotton fiber waste and Sample 2, cotton yarn waste are specifically provided for in Heading 5202, HTSUSA, as well as the EN that correspond to that heading. Therefore, Samples 1 and 2 are classifiable in Heading 5202, HTSUSA. Sample 3, cotton droppings, thrown of during the opening and picking process, is also provided for in Heading 5202, HTSUSA, and thus, classifiable in that heading.

Heading 9904, HTSUSA, is a provision that stipulates the quota requirements for various articles imported from certain listed countries. Subheading 9904.30.50, HTSUSA, expressly provides for card strips made from cotton having a staple length under 30.1625 mm (1-3/16 inches), and cotton comber waste, lap waste, silver waste and roving waste. Sample 1 is subject to the quota requirements of subheading 9904.30.50, HTSUSA. Subheading 9904.30.50, HTSUSA, only allows certain listed countries to import cotton waste into the United States. These enumerated countries are the United Kingdom, France, the Netherlands, Switzerland, Belgium, Germany, and Italy. Although you do not specify, we assume that you intend to import Sample 1, cotton waste, into the United States from Indonesia. However, since Indonesia is not one of the countries enumerated in subheading 9904.30.50, HTSUSA, Sample 1 can not be imported into the United States from Indonesia.

Heading 5305, HTSUSA, provides for coconut, abaca (Manila hemp or Muss textilis Nee), ramie and other vegetable textile fibers not elsewhere specified or included, raw or processed but not spun; tow, moils and waste of these fibers (including yarn waste and garnetted stock). The EN state in pertinent part:

Generally they are classified here whether raw, prepared for spinning (e.g., carded or combed into slivers), or in the form of tow or fibrous waste (obtained mainly during combing), yarn waste (obtained mainly during spinning or weaving) or garnetted stock (obtained from rags or scrap rope or cordage, etc.)

The vegetable textile fibres classified here include:

Coconut. Coconut fibres (coir) are obtained from the external covering of the nut and are coarse, brittle and brown in colour. They are classified here whether in the mass or in bundles.

Sample 12, raw coconut fiber, is specifically provided for in Heading 5305, HTSUSA, and therefore, is classifiable in that heading.

Heading 5505, HTSUSA, is the provision for waste (including noils, yarn waste and garnetted stock) of man-made fibers. The EN to Heading 5505, HTSUSA, state the following:

(2) Yarn wastes (hard waste), i.e., broken, knotted or tangled yarns collected as waste during the spinning, doubling, reeling, weaving, knitting, etc., operations.

Samples 13 and 14, are both a mass of acrylic yarn waste. Consequently, they are both classifiable in Heading 5505, HTSUSA.

Heading 6310, HTSUSA, is 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. The EN to Heading 6310, HTSUSA, declare the following:

(1) Rags of textile fabrics (including knitted crocheted fabrics, felt or nonwovens). Rags may consist of articles of furnishing or clothing or of other old textile articles so worn out, soiled or torn as to be beyond cleaning or repair, or of small new cuttings (e.g., dressmakers' tailors' snippings).

To fall in the heading, these products must be worn, dirty or torn, or in small pieces. They are generally fit only for the recovery (e.g., by pulling) of the fibres (which are usually re-spun), for the manufacture of paper or plastics, for the manufacture of polishing materials (e.g., polishing wheels) or for use as industrial wipers (e.g., machine wipers).

Sample 16, which is identifiable as small pieces of fabrics is classifiable under Heading 6310, HTSUSA.

As stated above, in order for us to determine the applicable classification for the remaining samples, additional information must be submitted.
HOLDING:

Sample 2 is classifiable under subheading 5202.10.0000, HTSUSA, which provides for yarn waste (including thread waste), and is not subject to a duty rate.

Sample 3 is classifiable under subheading 5202.99.0090, HTSUSA, which provides for other cotton waste. The applicable rate of duty is 5 percent ad valorem.

Sample 12 is classifiable under subheading 5305.11.0000, HTSUSA, which provides for coconut, abaca...and other vegetable textile fibers, and is not subject to a duty.

Samples 13 and 14 are classifiable under subheading 5505.10.0060, HTSUSA, which provides for waste (including noils, yarn waste and garnetted stock) of man-made fibers. The applicable rate of duty is 2.1 percent ad valorem.

Sample 16 is classifiable under subheading 6310.10.2020, HTSUSA, which provides for used or new rags, scrap twine, cordage, rope and cables, and worn out articles of twine, cordage, rope or cables, of textile materials, and is free of duty.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director

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