HQ 951885: Modification of NYRL 871287

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 951885

                         August 17, 1992

CLA-2  CO:R:C:T  951885 CAB

CATEGORY:  Classification

TARIFF NO.:  6110.30.3020

Mr. William J. Ramia, Jr.
Alexander International
P.O. Box 30209
Memphis, TN 38130

RE:  Modification of NYRL 871287

Dear Mr. Ramia:

     This letter is in response to your request, on behalf of
Catherine's Inc., for modification of New York Ruling Letter
(NYRL) 871287, dated March 5, 1992 under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA).  The
merchandise at issue is a woman's sweater.  Although three
different articles were at issue in NYRL 871287, only one of
these garments is the subject of this ruling.

     In NYRL 871287, Style 6012/7012 was described as a woman's
sweater constructed from 55 percent ramie and 45 percent cotton
knit fabric.  However, you have notified Customs that the fabric
content given in NYRL 871287 was in error.  The correct fabric
content of Style 6012/7012 is 100 percent acrylic.  
     
     NYRL 871287 classified Style 6012/7012 under subheading
6110.90.0042.  The rate of duty was 6 percent ad valorem, and the
textile restraint category was 845.  That ruling, based on the
facts available at the time it was issued, was correct.  However,
as a result of the submission of the correct fabric content,
Style 6012/7012 is properly classifiable under subheading
6110.30.3020.  The rate of duty is 34.2 percent ad valorem, and
the textile restraint category is 646.

     In order to ensure uniformity in Customs classification of
this merchandise and eliminate uncertainty, we are modifying NYRL
871287 to reflect the above classification effective with the
date of this letter.  However, if after your review, 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 30 days of the date of this letter.
     This notice to you should be considered a modification of
NYRL 871287 under 10 CFR 177.9(d)(1).  

                                   Sincerely,



                                   John Durant, Director
                                   Commercial Rulings Division