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