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