CLA-2-52:S:N:N3H:351 858195

Mr. Tony Dix
Edward Hall Ltd.
Botany Works, Whaley Bridge
Stockport, SK12 7DQ
England

RE: The tariff classification of cleaned and bleached cotton gin motes from England.

Dear Mr. Dix:

In your letter dated November 14, 1990, you requested a tariff classification ruling. You requested information on cotton gin motes. You also requested our comments on how to invoice the gin motes to avoid any confusion at the port of entry.

The applicable subheading for the cotton gin motes, whether or not bleached, will be 5202.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for cotton waste, other, other. This item number is free of duty. As of January 1,1991, the subheading number will be changed to 5202.99.0090, HTS. The item number remains free of duty.

The applicable subheading for recleaned cotton gin motes, whether or not bleached, will be 5201.00.10, HTS, which provides for cotton not carded or combed, having a staple length under 28.575mm. This item number is free of duty.

Recleaned gin motes are gin motes which have been rerun through the gin to take out some of the trash or which have been put through a willowing and cleaning process to remove leaves, bark and trash. We assume the staple length of the recleaned gin motes will be under 28.575mm. We have enclosed copies of two previous rulings on recleaned gin motes.

We suggest that you invoice the merchandise as 100% cotton waste (cotton gin motes) or as 100% cotton fiber (recleaned gin motes) showing the staple length of the fiber. You should indicate the country of origin of the raw gin motes, what processing has been done to the gin motes in England and what processing, if any, has been done elsewhere.

Cotton gin motes, whether or not bleached, from any country are not subject to agricultural quota under HTS subheading 9904.30. Cotton fiber not carded not combed and not otherwise processed... having a staple length under 28.575mm (cleaned gin motes, not bleached) is subject to quota under subheading 9904.30.10, HTS. Fibers of cotton processed but not spun (cleaned gin motes, bleached) are subject to quota under subheading 9904.30.60 HTS. Copies of those subheadings are enclosed.

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

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

Enclosure: