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HQ 086688


June 29, 1990

CLA-2 CO:R:C:G 086688 DRR 848356

CATEGORY: CLASSIFICATION

TARIFF NO.: 6214.10.1000

Ms. Rosemary Jacobs
219 Maple Street
P.O. Box 706
Ayer's Cliff, Quebec
JOB ICO, Canada

RE: Modification of NYRL 848356, dated January 12, 1990; Classification of woven silk scarf

Dear Ms. Jacobs:

This is in further response to your letter of December 20, 1989, to our New York office, in which you requested a classification ruling for a woven silk scarf under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). New York's response to your December 20, 1989, request, New York Ruling Letter (NYRL) 848356, dated January 12, 1990, classified the scarf in question under subheading 6217.10.0040, HTSUSA. We have had occasion to review that ruling and have determined that it is in error.

FACTS:

The merchandise at issue is represented by a 100 percent woven silk scarf which measures approximately 58 inches by 11 inches, with a fringe at each end of approximately 4 inches.

ISSUE:

Whether the fabric in question is classifiable under subheading 6217.10.0040, HTSUSA or subheading 6214.10.1000, HTSUSA.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. NYRL 848356 classified the samples in Heading 6217, HTSUSA, which provides for clothing accessories. The scarf is more appropriately provided for as a silk scarf under Heading 6214.

HOLDING:

The scarf in question is classified under subheading 6214.10.1000, HTSUSA, with a duty rate of 7.7 percent ad valorem. There is currently no textile visa category for this merchandise. Goods classifiable under this subheading which originate in the territory of Canada, are entitled to a duty rate of 6.1 percent under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This notice to you should be considered a modification of NYRL 848356 under 19 CFR 177.9(d)(1) (1989), copy enclosed. It is not to be applied retroactively to NYRL 848356 (19 CFR 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, NYRL 848356 will not be valid precedent. We recognize that pending transactions may be adversely affected by this revocation, in that current contracts for importation arriving at a port subsequent to the release of HRL 086688 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.

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

Sincerely,

John Durant, Director

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