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HQ 085871


November 21, 1989

CLA-2 CO:R:C:G 085871 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.3000

Mr. D. G. McKenny
John V. Carr & Son, Inc.
P. O. Box 248
Champlain, NY 12919

RE: Modification of HQ 084638 issued August 24, 1989

Dear Mr. McKenny:

On August 24, 1989, a classification ruling was issued (HQ 085871) classifying certain hair swatch charts and books in subheading 6307.90.9050, HTSUSA, which provides for other made up textile articles. Upon further consideration, that classification is determined to be in error.

Pursuant to 19 CFR 177.9(d), HQ 084638 is modified in the following respect. The Explanatory Notes to Chapter 63 require that in order to be classified in this heading, the articles must be of fabric. The nylon filaments in the subject charts and books are not fabric. We conclude that heading 5609, HTSUSA, which provides for articles of yarn, strip or the like specifically describes the hair swatch charts and books. The subject charts and books are classifiable in subheading 5609.00.3000, HTSUSA, which provides for articles of yarn, strip or the like...not elsewhere specified or included, of man-made fibers. The applicable rate of duty is 9 percent ad valorem.

HQ 084638 is modified accordingly.

Sincerely,

John Durant, Director

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