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HQ 089787


July 2, 1991

CLA-2 CO:R:C:T 089787 HP

CATEGORY: CLASSIFICATION

Ms. Beth C. Brotman
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, N. Y. 10004

RE: HRL 085247 revoked. Men's dress gloves

Dear Ms. Brotman:

On September 7, 1989, this office issued you HRL 085247, classifying men's acrylic knit dress gloves, and affirming NYRL 839679 of April 27, 1989. On September 15, 1989, however, we issued HRL 085398, revoking NYRL 839679. These conflicting results have been brought to our attention by the National Import Specialist.

To further our interests in uniformity, we have, in HRL 088795 of June 21, 1991, revoked HRL 085247. HRL 085398 is still in effect for the merchandise described therein. A copy of HRL 088795 has been enclosed for your convenience. Should you have any questions, please do not hesitate to contact the undersigned.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we have revoked HRL 085247 to reflect the above classification effective with the date of HRL 088795. However, if you disagree with the legal basis for our decision, we invite you to submit, either for yourself or on behalf of your client, any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should therefore be considered a notice of revocation of HRL 085247 of September 7, 1989, under 19 C.F.R. 177.9(d)(1) (1989). It is not to be applied retroactively to HRL 085247 (19 C.F.R. 177.9(d)(2) (1989)) and will not, there- fore, affect the transaction for the importation of your merchan- dise under that ruling. However, for the purposes of future transactions in merchandise of this type, HRL 085247 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 the release of HRL 089787 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.

Sincerely,


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