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HQ 951027


January 28, 1992

CLA-2 CO:R:C:T 951027 CRS

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.00.9090

Ms. Judy Blum
The Drackett Company
5020 Spring Grove Avenue
Cincinnati, Ohio 45232-1988

RE: HRL 085384 revoked.

Dear Ms. Blum:

On October 20, 1989, Headquarters Ruling Letter (HRL) 085384 was issued to your company. This ruling classified a nonwoven cleaning cloth in subheading 6307.10.2030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). However, as the result of an amendment to the language of the Explanatory Notes, which constitute the official interpretation of the Harmonized System at the international level, HRL 085384 is no longer valid. The purpose of this letter is to advise you that HRL 085384 has been revoked and that future importations of non- woven cleaning cloths similar to that described in HRL 085384 will be classifiable in subheading 5603.00.9090, HTSUSA, dutiable at the rate of 12.5 percent ad valorem, textile category 223. The rationale for this revocation is set forth in HRL 950786, a copy of which is enclosed.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are revoking HRL 085384 to reflect the above classification effective with the date of this letter. However, should 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 our review. Any submission you wish to make should be received within thirty days of the date of this letter.

This letter should be considered a notice of revocation of HRL 085384 under 19 CFR 177.9(d)(1). This revocation is not to be applied retroactively to HRL 085384 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your merchandise. However, for the purposes of future transactions in merchandise of this type, HRL 085384 will not be valid precedent. We recognize that pending transactions may be adversely affected by this revocation in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, you may notify this office and apply for relief from the binding effects of this decision as may be warranted by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.

Sincerely,

John Durant, Director

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