NY 853155

Jun 13 1990


CLA-2-52:S:N:N3H:351 853155

TARIFF NOS.: 5203.00.0000; 9904.30.60

Mrs. Alice Wagner
C.J. Tower Inc.
128 Dearborn Street
Buffalo, New York 14207-3198

RE: The tariff classification of carded cotton fiber from Canada.

Dear Mrs. Wagner:

In your letter dated May 31, 1990, on behalf of Veratec (Canada) Inc., you requested a tariff classification ruling.

You have submitted a sample of 100% cotton fiber. The fiber has been carded and bleached. The cotton fiber will be shipped in bales weighing between 300 to 350 pounds. In your letter, you referred to the cotton fiber as wadding. Cotton fiber in bales, however, is not considered to be wadding. The fiber will be further processed in the United States into personal hygiene and medical products.

The applicable subheading for the carded cotton fiber will be 5203.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for cotton, carded or combed. The rate of duty will be 5 percent ad valorem.

Goods classifiable under subheading 5203.00.0000, HTS, which have originated in the territory of Canada, will be entitled to a 4 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This type of cotton fiber is subject to a quantitative restriction imposed by subheading 9904.30.60, HTS. That provision limits the importation into the United States in any twelve month period beginning September 11 of any year, to a total of 453 kilograms.

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