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NY 886372

June 3, 1993

CLA-2-55:S:N:N6:351 886372


TARIFF NO.: 5507.00.0000; 5203.00.0000; 9904.30.60

Mr. L.P. Beauchesne
Pacifico Cotton Rayon Converters, Inc.
19790 Telegraph Trail
Langley, B.C., Canada V3A 4P8

RE: The tariff classification of carded 50% cotton /50% rayon blend sliver fibers from Canada.

Dear Mr. Beauchesne:

In your letter dated May 4, 1993, you requested a tariff classification ruling.

You have submitted a sample coil of 50% cotton /50% viscose rayon staple fibers which have been blended and carded into a sliver. It will be packed in two or five pound boxes and sold to beauty salons under the name "Beauty Coil". In your letter, you state that bales of comber cotton and bales of rayon fibers, both of United States origin, will be manually torn down and fed into a machine which further tears down and blends these raw materials. The blended fibers will then enter a carding machine and come out in a "rope-like" form, measuring approximately one inch across, as sliver. When cotton and rayon fibers are further manufactured; as is the case here and also in the case of the cotton balls in our recent ruling to you under our control number NY 885052, April 9, 1993; no allowance can be made for the American fibers. There will be no change in the classification of the cotton balls in NY 885052. Please note that even a slight change in the 50/50 blend of the sliver coils may affect the classification of this merchandise.

The applicable subheading for either the 50/50 blend sliver or the sliver in chief weight of rayon will be 5507.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for artificial staple fibers, carded, combed or otherwise processed for spinning. The duty rate will be 6.5 percent ad valorem.

The sliver coils, if in chief weight of cotton, will be classifiable under the provision for cotton, carded or combed, in subheading 5203.00.0000, HTS. The rate of duty will be 5 percent ad valorem. If classifiable under subheading 5203.00.0000, HTS, this type of cotton fiber will be subject to a quantitative restriction imposed by subheading 9904.30.60, HTS. This provision limits the global importation into the United States, in any twelve month period beginning September 11 of any year, to a total of 453 kilograms.

Goods classifiable under subheading 5507.00.0000 or 5203.00.0000, HTS, which have originated in the territory of Canada, will be entitled to be imported free of duty or with a 2.5 percent ad valorem rate of duty, respectively, under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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.


Jean F. Maguire
Area Director

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