HQ 082452: Apparel; Modification of NYRL 828273, dated March 31, 1989

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 082452

                                   October 23, 1989


            CLA-2: CO:R:C:G  082452 DRR 828273

            CATEGORY:  Classification

            TARIFF NO.: 6109.10.0035; 6109.10.0037

            Ms. Susan Caspi
            Sara's Prints Inc.
            629 Whitney Street
            San Leandro, California 94577


            RE: Apparel; Modification of NYRL 828273,
                  dated March 31, 1989

            Dear Ms. Rainbow:

                 This is in further response to your letter of January 26,
            1988, to our New York regional office, in which you requested
            a tariff classification ruling, under the Harmonized Tariff
            Schedule of the United States Annotated (HTSUSA), for three
            articles of clothing, styles 100L, 3100 and 3600.  Our New York
            office's response to your January 29, 1988, request, New York
            Ruling Letter (NYRL) 828273, dated March 31, 1988, classified
            style 3100 under subheading 6108.91.0020, HTSUSA, and style
            3600 under subheading 6107.91.0020.  We have had occasion to
            review that ruling and have determined that it is in error with
            respect to the classification of styles 3100 and 3600.

                 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.  Subheading 6108.91.0020,
            HTSUSA, provides for women's or girl's slips, petticoats,
            briefs, nightshirts, pajamas...and similar articles.  Style
            3100 is a girl's cotton knit sleeveless undershirt and
            therefore more specifically provided for under subheading
            6109.10.0037, HTSUSA, which provides for T-shirts, singlets,
            tank tops and similar garments, knitted or crocheted, of
            cotton, women's or girl's, underwear, free of duty as a product
            of Israel and subject to textile category 352.

















                                          -2-


                 Subheading 6107.91.0020, HTSUSA, provides for men's or
            boy's underpants,  briefs, nightshirts, pajamas...and similar
            articles.  Style 3600 is a boy's cotton knit sleeveless
            undershirt and therefore more specifically provided for under
            subheading 6109.10.0023, HTSUSA, which provides for T-shirts,
            singlets, tank tops and similar garments, knitted or crocheted,
            of cotton, men's or boy's, other, free of duty as a product of
            Israel and subject to textile category 338.

                 Pursuant to section 177.9, Customs Regulations, (19 CFR
            177.9 (1989)), copy enclosed, the ruling letter of March 31,
            1988, is modified in conformity with the foregoing.

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

                 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.  Since
            part categories are the result of international bilateral
            agreements which are subject to frequent renegotiations and
            changes, 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,




                                        John Durant, Director
                                        Commercial Rulings Division


            Enclosure






















            6 cc: A.D., N.Y. Seaport
            D. Rimmer library/peh
            082452 DRR