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NY 808151

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April 28, 1995

CLA-2-52:S:N:N6:351 808151

CATEGORY: CLASSIFICATION

TARIFF NO.: 5201.00.1400; 5201.00.1800; 9904.52.01; 9904.52.02; 9904.52.03; 9904.52.04; 9904.52.05; 9904.52.06; 9904.52.07; 9904.52.08; 9904.52.09

Mr. Kevin G. Crowley
Cherokee Textiles, Inc.
P.O. Box 3307
Spartanburg, SC 29304

RE: The tariff classification of raw cotton fibers, having staple lengths between 5 mm and 19.05 mm, from Brazil.

Dear Mr. Crowley:

In your letter dated March 10, 1995, you requested a tariff classification ruling.

You have submitted a sample bag of raw cotton fibers described in your letter as "Brazilian Cotton Seed Linters, a by-product of the cotton seed delinting process, which is delinting cotton seed as it is sent through a series of brushes to remove lint before cotton seed is crushed to extract cotton seed oil." Regarding the question of whether these fibers are cotton linters, which consist of fibers usually less than 5 millimeters (mm), our New York laboratory has determined that the submitted sample has the following composition by weight: fibers measuring 5 mm and over in staple length, 77%; fibers measuring under 5 mm in staple length, 16%; and pod waste, leaves and earthy matter, 7%. Of the fibers with a staple length measuring 5 mm and over (77%, by weight), approximately 97% measure less than 0.75 inch (19.05 mm) and 3% measure 0.75 inch or greater but less than one inch. The fibers are not carded or combed.

The Brazilian cotton will be subject to a quantitative restriction of 280,648 kilograms, as described in additional U.S. note 5 to chapter 52, Harmonized Tariff Schedule of the United States (HTS). If this quota is not filled, the applicable subheading for the cotton fibers will be 5201.00.1400, HTS, which provides for cotton, not carded or combed, having a staple length under 28.575 mm (1 1/8 inches), described in additional U.S. note 5 to this chapter and entered pursuant to its provisions. The merchandise will be free of duty.

If this quota is filled, the cotton will be classified under subheading 5201.00.1800, HTS, which provides for cotton, not carded or combed, having a staple length under 28.575 mm (1 1/8 inches), other, other. The merchandise will be subject to a rate of duty of 36 cents per kilogram. In addition, the goods should be entered under one of the following HTS subheadings:

If entered during the effective period of safeguards, based upon value (with duty depending upon value as shown):

9904.52.01 Valued less than 35›/kg: 51.5›/kg

9904.52.02 Valued 35›/kg or more but less than 55›/kg: 36.6›/kg

9904.52.03 Valued 55›/kg or more but less than 75›/kg: 24.8›/kg

9904.52.04 Valued 75›/kg or more but less than 95›/kg: 14.8›/kg

9904.52.05 Valued 95›/kg or more but less than $1.15/kg: 8.6›/kg

9904.52.06 Valued $1.15/kg or more but less than $1.25/kg: 5.6›/kg

9904.52.07 Valued $1.25/kg or more but less than $1.35/kg: 2.6›/kg

9904.52.08 Valued $1.35/kg or more: No additional duty

9904.52.09 If entered during the effective period of safeguards based upon quantity announced by the Secretary of Agriculture: 12›/kg

At the time of issuance of this ruling, the safeguards based upon value were in effect.

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
New York Seaport

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See also:

• Tariff No.: 5201.00.14 - Cotton, n/carded or combed, having a staple length < 28.575 mm (1-1/8 inches), n/harsh or rough, quota described in ch 52 add'l US note 5
• Tariff No.: 5201.00.18 - Cotton, not carded or combed, having a staple length under 28.575 mm (1-1/8 inches), n/harsh or rough, nesoi
• Tariff No.: 9904.52.01 - Cotton, not carded or combed, staple length under 28.575 mm, in 5201.00.18, entered in value safeguard period, under $0.35/kg
• Tariff No.: 9904.52.02 - Cotton, not carded or combed, staple length under 28.575 mm, in 5201.00.18, entered in value safeguard period, $0.35-$0.549/kg
• Tariff No.: 9904.52.03 - Cotton, not carded or combed, staple length under 28.575 mm, in 5201.00.18, entered in value safeguard period, $0.55-$0.745/kg
• Tariff No.: 9904.52.04 - Cotton, not carded or combed, staple length under 28.575 mm, in 5201.00.18, entered in value safeguard period, $0.75-$0.945/kg
• Tariff No.: 9904.52.05 - Cotton, not carded or combed, staple length under 28.575 mm, in 5201.00.18, entered in value safeguard period, $0.95-$1.145/kg
• Tariff No.: 9904.52.06 - Cotton, not carded or combed, staple length under 28.575 mm, in 5201.00.18, entered in value safeguard period, $1.15-$1.245/kg
• Tariff No.: 9904.52.07 - Cotton, not carded or combed, staple length under 28.575 mm, in 5201.00.18, entered in value safeguard period, $1.25-$1.345/kg
• Tariff No.: 9904.52.08 - Cotton, not carded or combed, staple length under 28.575 mm, in 5201.00.18, entered in value safeguard period, $1.35/kg or more
• Tariff No.: 9904.52.09 - Cotton, not carded or combed, staple length under 28.575 mm, in 5201.00.18, entered in quantity safeguard period