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NY 853459





CLA-2-52:S:N:N3H:351 853459

CATEGORY: CLASSIFICATION

TARIFF NOS.: 5201.00.1020; 9904.30.10; 5202.99.0000

Mr. James Newberry
Bryant Textiles, Inc.
P.O. Box 52605
Atlanta, GA 30355

RE: The tariff classification of cotton gin motes from the U.S.S.R.

Dear Mr. Newberry:

In your letter dated June 6, 1990, you requested a tariff classification ruling.

You have requested the classification 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 will be put through a willowing and cleaning process in the U.S.S.R. to remove the leaves and bark and to produce a reclaimed lint suitable for use as stuffing or felting. You also requested the classification of gin motes which have not been cleaned abroad. The cotton gin motes will have a staple length of 7/8" to 31/32".

The applicable subheading for the cleaned cotton gin motes will be 5201.00.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for cotton, not carded or combed, having a staple length under 28.575mm, other. The merchandise will be free of duty.

The applicable subheading for the cotton gin motes which have not undergone a cleaning and willowing process in the USSR will be 5202.99.0000, HTS, which provides for cotton waste (including yarn waste and garnetted stock), other, other. The merchandise will be free of duty.

The cleaned cotton gin motes classifiable as fiber in subheading 5201.00.1020, HTS, will be subject to a quantitative restriction imposed by subheading 9904.30.10, HTS. That provision limits the importation into the United States from the U.S.S.R. in any twelve month period beginning September 20 of any year, to a total of 215,512 kilograms. The uncleaned gin motes classifiable as waste in subheading 5202.99.0000, 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
Area Director

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