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HQ 088320


March 15, 1991

LA CO:R:C:G 088320 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.5020

Mr.Bernard Di Liberati
Morris Friedman & Co.
320 Walnut Street
Philadelphia, Pennsylvania 19106-3883

RE: Modification of NYRL 855165; classification of shoe laces

Dear Mr. Liberati:

On August 15, 1990, U.S. Customs, New York Seaport, issued a ruling which you requested on behalf of Unique Industries, Inc. (NYRL 855165) classifying certain shoelaces under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). At the request of our New York office we have reconsidered this ruling and found the classification stated therein to be in error.

FACTS:

The samples laces are made of a woven man-made fabric with plastic fitted ends. The articles measure approximately 37-1/2 inches in length.

NYRL 855165 classified the instant laces under the provision for other made up articles: other: other: other; other, in subheading 6307.90.9590, HTSUSA.

ISSUE:

What is the correct tariff classification for the instant shoe laces?

LAW AND ANALYSIS:

There is no dispute that the laces are correctly classified under the provision for made up articles in heading 6307, HTSUSA. However, at the eight digit level the goods were inadvertently classified under a residual tariff provision, when in fact subheading 6307.90.50, HTSUSA, specifically provides for footwear lacings.

An eo nomine provision must, unless a legislative intent to the contrary is clearly indicated, be preferred to terms of general description. United States v.Astra Trading Corp., 44 CCPA 627 (1956).

HOLDING:

The shoe laces are classified in subheading 6307.90.5020, HTSUSA, dutiable at the rate of 7.9 percent ad valorem. Textile category 669 applies to this subheading.

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

In order to assure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying NYRL 855165 to reflect the above classification effective with the date of this letter. However, if you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should be considered a modification of New York ruling letter 855165 under 19 CFR 177.9(d)(1) (1989). It is not to be applied retroactively to NYRL 855165 (19 CFR 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for importation of your merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, including that for which the present classification was requested, NYRL 855165 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 NYRL 855165 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. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Inasmuch as part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U. S. Customs Service, which is available for inspection at your local Customs office.

Sincerely,


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