CLA-2-52:S:N:N6:351 897869

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

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

Dear Mr. Crowley:

In your letter dated April 22, 1994, you requested a tariff classification ruling.

You have submitted a sample bag of cotton gin motes, which are a by-product of the cotton ginning process. They consist of reclaimable cotton lint mixed with bits of leaves and bark. They are not carded or combed. You state that the principal uses are in mattress and furniture padding, papermaking, blending and coarse yarn manufacturing. Our New York Customs Laboratory has determined that the submitted sample is gin motes. We assume (subject to confirmation at the time of actual importation) that this material has not been re-run through the gin to remove foreign matter. The applicable subheading for the cotton gin motes will be 5202.99.0090, HTS, which provides for cotton waste; other; other. The merchandise will be free of duty.

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
New York Seaport