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HQ 084065


July 26, 1989

CLA-2 CO:R:C:G 084065 CMR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.32.0060

Ms. Ann Prakope
County Seat
17950 Preston Road
Suite 1000
Dallas, Texas 75252

RE: Reconsideration of NYRL 837401 of March 6, 1989

Dear Ms. Prakope:

This ruling is in response to your letter of March 28, 1989, requesting reconsideration of NYRL 837401.

FACTS:

The garment at issue, style 501340, is a men's pullover made for woven cotton sheeting. It is loose-fitting with short sleeves, a front pocket, and a rib knit, round neckline.

At the time New York Customs issued their ruling, they properly classified the garment in subheading 6211.32.0080, HTSUSA, which provides for men's other garments of cotton.

ISSUE:

Is the garment still properly classified in subheading 6211.32.0080, HTSUSA?

LAW AND ANALYSIS:

New York Customs did not classify the subject garment in subheading 6211.32.0060, HTSUSA, at the time they issued their ruling due to the language of the HTSUSA. Tops are generally considered to be garments which do not reach the waist. Therefore, New York Customs properly classified the garment in subheading 6211.32.0080, HTSUSA.

Since the issuance of NYRL 837401, the HTSUSA has been amended. Among the changes is a change in the language for subheading 6211.32.0060, HTSUSA. That subheading no longer reads "Tops" at the statistical level; it has been change to read "Shirts excluded from heading 6205."

In light of the change in the language of the HTSUSA, the garment at issue is more properly classified in subheading 6211.32.0060, HTSUSA.

HOLDING:

NYRL 837401 of March 6, 1989, is hereby revoked pursuant to 19 CFR 177.9(d).

The garment at issue, style 501340, is classified in subheading 6211.32.0060, HTSUSA, textile category 340, dutiable at 8.6 percent ad valorem.

Your sample will be returned, as requested, under separate cover.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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