HQ 085313: Reconsideration of NYRL 840281

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 085313

                                   October 31, 1989

            CLA-2 CO:R:C:G 085313 DRR

            CATEGORY:  Classification

            TARIFF NO.: 6115.92.2000

            Ms. Teresa M. Polino, Esq.
            Sandler, Travis & Rosenberg, P.A.
            1120 Nineteenth Street, N.W.
            Washington, D.C. 20036-3605

            Re:  Reconsideration of NYRL 840281

            Dear Ms. Polino:

                 This is in further response to your letter dated August
            8, 1989, on behalf of your client, The Gap, Inc., concerning
            New York Ruling Letter (NYRL) 840281.  We have received a
            request from our New York Office to modify the May 10, 1989,
            ruling concerning the tariff classification of children's
            socks.  You ask that the effective date of any ruling which
            modifies NYRL 840281 be delayed for a period of 90 days
            thereafter.

            FACTS:

                 The merchandise at issue consists of children's socks
            composed of 80 percent cotton and 20 percent nylon knit fabric.
            NYRL 840281, issued on May 10, 1989, classified the socks under
            subheading 6115.19.0010, Harmonized Tariff Schedule of the
            United States Annotated (HTSUSA), which provides for panty hose
            and tights.

            ISSUE:

                 Whether the socks at issue are classifiable under
            subheading 6115.19.0010, HTSUSA or subheading 6115.92.2000,
            HTSUSA.






















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            LAW AND ANALYSIS:

                 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 6115.19.0010,
            HTSUSA, provides for panty hose and tights of cotton.  The
            goods in question are more specifically provided for as cotton
            socks under subheading 6115.92.2000, HTSUSA.

            HOLDING:

                 The children's socks at issue are classified under
            subheading 6115.92.2000, HTSUSA, with a duty rate of 14.4
            percent ad valorem, category 332.

                 Pursuant to 19 C.F.R. 177.9(d)(3), 54 Federal Register
            8214, a decision modifying or revoking an earlier ruling letter
            may be delayed for a period of up to 90 days with respect to
            any party who can demonstrate that it reasonably relied on the
            earlier ruling to its detriment.  In light of the fact that
            your client relied on NYRL 840281 in obtaining visas for quota
            year 1989, the effective date of this decision is January 1,
            1990.

                 Due to the changeable nature of the statistical annotation
            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.

                 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, to obtain the most current information available, we























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            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.

                  Pursuant to section 177.9, Custom Regulations (19 C.F.R.
            177.9(d)(1)), New York Ruling Letter 840281 is modified in
            conformity with the foregoing.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division














































            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            085313DRR