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HQ 085804


January 3, 1990

CLA-2 CO:R:C:G 085804 HP

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6020; 6111.20.6030

Mr. Jack Gonzalez
J.W. Hampton, Jr. & Co.
15 Park Row
New York, NY 10038

RE: Modification of DD 845150. infants' sets

Dear Mr. Gonzalez:

This letter is a modification of DD 845150 of September 20, 1989, on behalf of Woolworth Company.

FACTS:

Four samples described as newborn boy's shorts sets were submitted, revised styles 9012R-A, B, C & D (hereinafter A, B, C & D), produced in Hong Kong. Styles A & B are infants' 60% cotton/40% polyester knit sets. The shirts have rib knit crew necks with a two snap opening on the shoulder, short sleeves and rib waistbands and cuffs. The top portion of the sleeves is a mesh fabric with piping at the edges. The mesh and piping are repeated in the side panels of the diaper covers. Both garments are color coordinated and have coordinating appliques.

Styles C & D are infants' 60% cotton/40% polyester sets with knit shirts and woven diaper covers. The knit shirts have knit crew necks with a two snap opening on the shoulder, short sleeves and rib knit waistbands and cuffs. The shirts are styled as two piece garments with mesh sleeves and mesh inserts at the neck and waist; the body is solid knit fabric designed like a tank top with contrasting ribbing at the scoop neckline and armholes. The woven pull-on diaper covers have elasticized waistbands and rib knit cuffs. The shirts and diaper covers are color coordinated and have coordinating appliques.

ISSUE:

Whether the classification of the instant merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) was correct?
LAW AND ANALYSIS:

In the TARIFF NO.: segment of DD 845150, subheading 6110.20.6020 was a typographical error. The correct subheading is
6111.20.6020.

In the body of DD 845150, the District Director, Charleston, S.C., classified styles C & D (shirts only) under subheading 6110.20.6030, HTSUSA. This was also a typographical error. The correct subheading is 6111.20.6030; the textile category remains 239.

HOLDING:

As a result of the foregoing, Styles C & D are classified in subheading 6111.20.6030, HTSUSA. The applicable rate of duty is 8.6 percent ad valorem.

This notice to you should be considered a modification of DD 845150 of September 20, 1989, as to the merchandise described as Styles C and D, under 19 C.F.R. 177.9(d)(1) (1989). It is not to be applied retroactively to DD 845150 (19 C.F.R. 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for the importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, DD 845150 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to the release of HRL 085804 will be classified under the new ruling. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances.

Sincerely,

John Durant, Director
Commercial Rulings Division

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