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HQ 087140


May 22, 1990

CLA-2 CO:R:C:G 087140 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.10.2000

Ms. Soraya Ellison
Import Department
Lucios & Lucios, Inc.
1775 N. W. 70th Avenue
Miami, Florida 33126

RE: Modification of HQ 084362 issued August 11, 1989

Dear Ms. Ellison:

On August 11, 1989 a classification ruling was issued (HQ 084362) classifying a disposable surgical gown made of Sontara under subheading 6210.10.4010, HTSUSA. We have since had occasion to re-examine the proper classification of these articles.

Upon further consideration, we have determined that these articles are more properly classified under a different heading within the Harmonized Tariff Schedule of the United States (HTSUSA). Enclosed please find a copy of HQ 086629 issued May 4, 1990, which reflects Customs present position regarding the proper classification of Sontara articles under the HTSUSA.

HQ 084362 is modified accordingly pursuant to 19 CFR 177.9(d). This notice is not to be applied retroactively to HQ 084362 (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, HQ 084362 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 HQ 086629 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

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