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NY 896777

May 6, 1994

CLA-2-52:S:N:N6:351 896777


TARIFF NO.: 5201.00.1030; 9904.30.10

Mr. Christopher M. Crowley
Cherokee Textiles, Inc.
P.O. Box 3307
Spartanburg, S.C. 29304

RE: The tariff classification of cleaned cotton gin motes from Australia.

Dear Mr. Crowley:

In your letter dated March 29, 1994, you requested a tariff classification ruling.

You have submitted a sample bag of cleaned cotton gin motes. The motes are a by-product of the cotton ginning process. The motes consist of reclaimable cotton lint mixed with bits of leaves and bark. They are not carded or combed. In a phone conversation with National Import Specialist Assistant Donald Corrigan on April 13, 1994, you stated that the fibers have a staple length of approximately one inch and that the gin motes have not been recleaned (rerun through the gin to take out some of the trash). However, our New York laboratory has determined that the submitted sample has gone through a ginning operation; and based upon their examination, they are of the opinion that the sample is clean, not waste, and has a staple length under 1 inch.

The applicable subheading for the cleaned cotton gin motes will be 5201.00.1030, HTS, which provides for cotton, not carded or combed, having a staple length under 28.575 mm (1 1/8 inches), having a staple length under 25.4 mm (1 inch), other. The merchandise will be free of duty. The cleaned cotton gin motes classifiable as fiber in subheading 5201.00.1030, HTS, will be subject to a quantitative restriction imposed by subheading 9904.30.10, HTS. That provision limits the importation into the United States in any twelve month period beginning September 20 in any year.

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

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