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NY 814185

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September 8, 1995

CLA-2-52:S:N:N6:351 814185

CATEGORY: CLASSIFICATION

TARIFF NO.: 5201.00.6000, 5201.00.8000, 9904.52.24, 9904.52.25, 9904.52.26, 9904.52.27, 9904.52.28, 9904.52.29, 9904.52.30, 9904.52.31, 9904.52.32, 9904.52.33, 9904.52.34

Mr. J. Martin Carstarphen, IV
Pharr Yarns Inc.
P.O. Box 1939
McAdenville, NC 28101-1939

RE: The tariff classification of cotton fiber from Barbados.

Dear Mr. Carstarphen:

In your letter dated August 1, 1995 you requested a tariff classification ruling.

You have enclosed a sample of 100% Sea Island cotton lint or ginned cotton (Gosypium Barbadense Seed Variety). You state that it has been grown in Barbados, that it has not been carded or combed, and that the staple length exceeds 1 3/8 inches.

According to Additional U.S. Note 8(b) of Chapter 52 of the Harmonized Tariff Schedule of the United States (HTS),

The aggregate quantity of cotton, not carded or combed, the product of any country or area including the United States, having a staple length of 34.925 mm (1-3/8 inches) or more, entered under subheading 5201.00.60 during the 12-month period beginning August 1 in any year (beginning with August 1, 1995) shall not exceed 25,500.0 metric tons (imports from Mexico shall not be permitted or included in the aformentioned quantitative limitation and no such articles shall be classifiable therein).

Imports from countries or areas who are not members of the World Trade Organization shall not be permitted or included in the quantitative limitations set forth in this note.

Barbados is currently a member of the World Trade Organization.

The applicable subheading for the cotton, if imported in quantities that fall within the limits described in additional U.S. note 8(b), will be 5201.00.6000 HTS, which provides for cotton, not carded or combed; having a staple length of 34.925 mm (1-3/8 inches) or more; described in additional U.S. note 8 to this chapter and entered pursuant to its provisions. The general rate of duty will be 1.5 cents per kilogram. Articles classifiable under subheading 5201.00.6000, HTS, which are products of Barbados, are entitled to duty free treatment under the Caribbean Basin Initiative (CBI) upon compliance with all applicable regulations.

If the quantitative limits of additional U.S. note 8(b) have been reached, the applicable subheading for the cotton will be 5201.00.8000 HTS, which provides for cotton, not carded or combed; having a staple length of 34.925 mm (1-3/8 inches) or more; other. The general rate of duty will be 36 cents per kilogram. In addition, products classified in subheading 5201.00.8000, HTS, will be subject to additional duties under tariff item numbers 9904.52.24 through 9904.52.34, as shown below:

Cotton, not carded or combed, the product of any country or area including the United States, having a staple length of 34.925 mm (1-3/8 inches) or more, provided for in subheading 5201.00.80:
If entered during the effective period of safeguards based upon value:
9904.52.24 Valued less than 50›/kg.......... 98.1›/kg 9904.52.25 Valued 50›/kg or more but less than 80›/kg............. 73.3›/kg 9904.52.26 Valued 80›/kg or more but less than $1.10/kg........... 52.3›/kg 9904.52.27 Valued $1.10/kg or more but less than $1.40/kg........... 37.3›/kg 9904.52.28 Valued $1.40/kg or more but less than $1.70/kg........... 23.3›/kg 9904.52.29 Valued $1.70/kg or more but less than $2/kg.............. 14.3›/kg 9904.52.30 Valued $2/kg or more but less than $2.20/kg........... 8.3›/kg 9904.52.31 Valued $2.20/kg or more but less than $2.30/kg........... 5.3›/kg 9904.52.32 Valued $2.30/kg or more but less than $2.40/kg........... 2.3›/kg 9904.52.33 Valued $2.40/kg or more.......... No additional duty
9904.52.34 If entered during the effective period of safeguards based upon quantity announced by the Secretary of Agriculture............ 12›/kg

At the time this ruling was written, cotton was subject to safeguards based on value (represented above by tariff item numbers 9904.52.24 through 9904.52.33).

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.: 5201.00.60 - Cotton, not carded or combed, having a staple length of 34.925 mm or more, quota described in chapter 52 add'l US note 8
• Tariff No.: 5201.00.80 - Cotton, not carded or combed, having a staple length of 34.925 mm or more, nesoi
• Tariff No.: 9904.52.24 - Cotton, not carded or combed, staple length 34.925 mm or over, in 5201.00.80, entered in value safeguard period, under $0.50/kg
• Tariff No.: 9904.52.25 - Cotton, not carded or combed, staple length 34.925 mm or over, in 5201.00.80, entered in value safeguard period, $0.50-$0.799/kg
• Tariff No.: 9904.52.26 - Cotton, not carded or combed, staple length 34.925 mm or over, in 5201.00.80, entered in value safeguard period, $0.80-$1.099/kg
• Tariff No.: 9904.52.27 - Cotton, not carded or combed, staple length 34.925 mm or over, in 5201.00.80, entered in value safeguard period, $1.10-1.399/kg
• Tariff No.: 9904.52.28 - Cotton, not carded or combed, staple length 34.925 mm or over, in 5201.00.80, entered in value safeguard period, $1.40-$1.699/kg
• Tariff No.: 9904.52.29 - Cotton, not carded or combed, staple length 34.925 mm or over, in 5201.00.80, entered in value safeguard period, $1.70-$1.999/kg
• Tariff No.: 9904.52.30 - Cotton, not carded or combed, staple length 34.925 mm or over, in 5201.00.80, entered in value safeguard period, $2.00-$2.199/kg
• Tariff No.: 9904.52.31 - Cotton, not carded or combed, staple length 34.925 mm or over, in 5201.00.80, entered in value safeguard period, $2.20-$2.299/kg
• Tariff No.: 9904.52.32 - Cotton, not carded or combed, staple length 34.925 mm or over, in 5201.00.80, entered in value safeguard period, $2.30-$2.399/kg
• Tariff No.: 9904.52.33 - Cotton, not carded or combed, staple length 34.925 mm or over, in 5201.00.80, entered in value safeguard period, $2.40/kg or more
• Tariff No.: 9904.52.34 - Cotton, not carded or combed, staple length 34.925 mm or over, in 5201.00.80, entered in quantity safeguard period