NY 875656 - The tariff classification of cotton gin motes, uncleaned and cleaned, from Russia and Australia. - United States International Trade Commision Rulings

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NY 875656

July 7, 1992

CLA-2-52:S:N:N3H:351 875656

CATEGORY: CLASSIFICATION

TARIFF NO.: 5201.00.1030; 9904.30.10; 5202.99.0090

Mr. John H. Qualey
Rogers & Brown Custom Brokers, Inc.
P.O. Box 20160
Charleston, S.C. 29413-0160

RE: The tariff classification of cotton gin motes, uncleaned and cleaned, from Russia and Australia.

Dear Mr. Qualey:

In your letter dated June 11, 1992, on behalf of Cherokee Textiles, Inc., you requested a tariff classification ruling.

You have requested the classification of two types of cotton gin motes. The motes are a by-product of the cotton ginning process. The motes consist of reclaimable cotton lint mixed with bits of leaves and bark. The motes known as regins will be put through a willowing and cleaning process in Russia or Austalia to remove most of the leaves and bark. You also requested the classification of gin motes which have not been cleaned abroad. In a phone conversation with National Import Specialist Jeffrey Konzet on June 26, 1992, you stated that the cotton gin motes will have a staple length of 31/32" to 1".

The applicable subheading for the cotton gin motes which have not undergone a cleaning process will be 5202.99.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for cotton waste (including yarn waste and garnetted stock), other, other, other. The merchandise will be free of duty.

The applicable subheading for the cleaned cotton gin motes or regins will be 5201.00.1030, HTS, which provides for cotton, not carded or combed, having a staple length under 28.57mm (1 1/8 inches), having a staple length under 25.4mm (1 inch), other. The merchandise will be free of duty.

The cleaned cotton gin motes or regins classifiable as fiber in subheading 5201.00.1030, HTS, will be subject to a quantitative restriction imposed by subheading 9904.30.10, HTS. That provision limits the importation into the United States in any twelve month period beginning September 20 in any year. The uncleaned gin motes classifiable as waste in subheading 5202.99.0090, HTS, are not subject to any quantitative restrictions at this time.

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

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