CLA-2-52:R:N3:351 815556
Mr. Phillip Y. Kushi
Kushi Organic Cotton International
62 Buckminster Rd.
Brookline, MA 02146
RE: The tariff classification of cotton fiber from Peru
Dear Mr. Kushi:
In your letter dated October 27, 1995 you requested a tariff classification ruling.
You have enclosed samples of "naturally colored" cotton fiber, which has not been carded or combed. You have enclosed a laboratory report which indicates that the staple length ranges from 22.00 to 25.30 millimeters.
According to Additional U.S. Note 5(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 under 28.575 mm (1-1/8 inches) (except harsh or rough cotton, having a staple length under 19.05 mm (3/4 inch)), entered under subheading 5201.00.14 during the 12-month period beginning September 20 in any year (beginning with September 20, 1995) shall not exceed 8,495.05 metric tons (imports from Mexico shall not be permitted or included in the aformentioned quantitative limitation and no such articles shall be classifiable therein).
Of the quantitative limitations provided for in this note, the countries listed below shall have access to not less than the quantities specified below:
The list reads in part:
Quantity
(kg)
Peru...................................... 112,469
The applicable subheading for the cotton, if imported in quantities that fall within the limits described in additional U.S. note 5(b), will be 5201.00.1400 HTS, which provides for cotton, not carded or combed; having a staple length under 28.575 mm (1-1/8 inches); other; described in additional U.S. note 5 to this chapter and entered pursuant to its provisions. The general rate of duty will be free.
If the quantitative limits of additional U.S. note 5(b) have been reached, the applicable subheading for the cotton will be 5201.00.1800 HTS, which provides for cotton, not carded or combed; having a staple length under 28.575 mm (1-1/8 inches); other; other. The general rate of duty will be 36 cents per kilogram. In addition, products classified in subheading 5201.00.1800, HTS, will be subject to additional duties under tariff item numbers 9904.52.01 through 9904.52.09, as shown below:
Cotton, not carded or combed, the product of any country or area including the United States, having a staple length under 28.575 mm (1-1/8 inches) (except harsh or rough cotton, having a staple length under 19.05 mm (3/4 inch)), provided fo in subheading 5201.00.18:
If entered during the effective period of safeguards based upon value:
9904.52.01 Valued less than 35›/kg.................51.5›/kg
9904.52.02 Valued 35›/kg or more
but less than 55›/kg....................36.6›/kg
9904.52.03 Valued 55›/kg or more
but less than 75›/kg....................24.8›/kg
9904.52.04 Valued 75›/kg or more
but less than 95›/kg....................14.8›/kg
9904.52.05 Valued 95›/kg or more
but less than $1.15/kg...................8.6›/kg
9904.52.06 Valued $1.15/kg or more
but less than $1.25/kg...................5.6›/kg
9904.52.07 Valued $1.25/kg or more
but less than $1.35/kg...................2.6›/kg
9904.52.08 Valued $1.35/kg or more.......No additional duty
9904.52.09 If entered during the effective period of safeguards based upon quantity announced by the Secretary of Agriculture............... 1/ 12›/kg
At the time this ruling was written, cotton was subject to safeguards based on value (represented above by tariff item numbers 9904.52.01 through 9904.52.08).
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Jeff Konzet at 212-466-5885.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division