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NY C82739





December 29, 1997

CLA-2-53:RR:NC:TA:351 C82739

CATEGORY: CLASSIFICATION

TARIFF NO.: 5303.10.0000; 5303.90.0000

Mr. James I. Bruton
Jim Bruton Inc.
Box 98
Fremont, NC 27830

RE: The tariff classification of jute fibers for use in erosion control markets, from India.

Dear Mr. Bruton:

In your letter dated December 12, 1997, you requested a tariff classification ruling.

While the instant sample, as described in your correspondence, consists of 100% raw jute fibers, you indicate in your correspondence, that these fibers may be cut into various lengths before importation. Specifically, they may be cut to lengths ranging from 1/4 inch to 12 inches. These fibers may be obtained from virgin jute that has previously been spun into yarn or in some cases may be procured from the waste fibers resulting from the conversion of such yarn into fabric.

The commercial, common, or technical designation for this product includes: 1) jute, 2) jute fibers, 3) jute caddies, 4) jute loom waste and 5) geo jute fibers. These fibers, which will be imported in bales weighing approximately 100 to 200 kilograms in weight will, after importation, become a component of a mulch mixture produced by hydromulch manufactures that will be sprayed over soil to prevent erosion while vegetation is being established.

The applicable subheading for the jute fibers if not processed beyond being retted will be 5303.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for jute and other textile bast fibers..., raw or processed but not spun; tow and waste of these fibers, ... jute and other textile bast fibers, raw or retted. The rate of duty will be Free.

If processed beyond being retted, the applicable tariff subheading will be 5303.90.0000, HTS, which provides for jute ..., processed, other than retted. The rate of duty is Free. Effective January 1, 1998, the rate of duty will remain Free for both tariff subheadings.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-466-5884

Sincerely,

Robert B. Swierupski
Director,

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