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NY 857695


November 30, 1990

CLA-2-52:S:N:N3H:351 857695

CATEGORY: CLASSIFICATION

TARIFF NO.: 5202.99.0000

Mr. James L. Thomas
Pen Trading Company
P.O. Box 2128
Brentwood, TN 37027

RE: The tariff classification of textile mill by-products (waste) from Taiwan, Hong Kong and China.

Dear Mr. Thomas:

In your letter dated October 26, 1990, you requested a tariff classification ruling.

You ask whether import quotas and duties exist for certain textile mill by-products (waste). Specifically, you inquire about raw card waste, motes (gin motes), fly waste, strips (card strips), reworkable sliver (sliver waste) and pneumafil (sliver and roving waste). You state that these products would be at least 50% cotton in composition and that they would be natural color with no contamination or that they would have light water soluble tints.

The applicable subheading for all the wastes named above, when they are in chief weight of cotton, will be 5202.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for cotton waste (including yarn waste or garnetted stock), other, other. The wastes will be free of duty.

The strips (card strips, if made from cotton under 13/16 inches in length), reworkable sliver (sliver waste), and pneumafil (sliver and roving waste) are subject to agricultural quota under subheading 9904.30.50, HTS. A copy of that provision is enclosed. Only countries with quota allocations are allowed to import these products. Of the countries you inquire about, only China has an allocation for these cotton wastes. From all other countries, including the United States, the allocation is "none". This means that none of the wastes covered by subheading 9904.30.50, HTS, may be imported.

We also enclose, for your information, a copy of a Presidential Proclamation removing indefinitely the quota set forth in subheading 9904.30.50, HTS, on cotton comber waste.

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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