HQ 085371: Reconsideration of NYRL 833237

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 085371


                                     October 26, 1989


CLA-2 CO:R:C:G  085371  HP

CATEGORY:  Classification

TARIFF NO.:  6304.92.0000

Mr. Ralph H. Sheppard
Adduci, Mastriani, Meeks & Schill
551 Fifth Avenue
New York, NY 10176

RE:  Reconsideration of NYRL 833237

Dear Mr. Sheppard:

     This is in reply to your letter of August 18, 1989,
requesting reconsideration of
NYRL 833237 of November 22, 1989.  Please reference your client
Win-Tex Products, Inc.

FACTS:

     The merchandise at issue consists of two styles of
potholders, produced in China.
The first, Style 1557, is a 100% woven cotton tattersall
potholder with a woven fabric
edging and a loop for hanging.  The second, Style 2060, is a 100%
 woven cotton terry
popcorn fabric with a woven fabric edging and a loop for hanging.
  A bar mop, also
classified in NYRL 833237, is not subject to this reconsideration
.

     In NYRL 833237, we classified both styles under heading 6302
, Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), as kitchen
linen.  You claim either
heading 6304 or 6307, HTSUSA, is more appropriate.

ISSUE:

     Whether potholders are classified as kitchen linen under the
 HTSUSA?

LAW AND ANALYSIS:

     In HRL 081314 of May 18, 1989, we classified, inter alia,
potholders as other made
up articles in heading 6307, HTSUSA.  In HRL 084854 LS of June 27
, 1989, however, we
modified HRL 081314 with respect to potholders as follows.

          ... HRL 081314 is modified in the following
        respect.  Although we
        still maintain that the potholders are not
        considered to be kitchen linen
        under heading 6302, HTSUSA, we conclude that
        heading 6304, which
        provides for other furnishing articles, more
        specifically describes the
        potholders than heading 6307, which provides for
        other made up
        articles.
HOLDING:

     As a result of the foregoing, the instant merchandise is
classified under subheading
6304.92.0000, HTSUSA, as textile category 369, as other
furnishing articles, excluding
those of heading 9404, other, not knitted or crocheted, of cotton
.  The applicable rate
of duty is 7.2 percent ad valorem.

     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 suggest that you check, close to the time of
shipment, the Status Report
On Current Import Quotas (Restraint Levels), an issuance of the U
.S. Customs Service,
which is updated weekly and is available at your local Customs
office.

     Due to the changeable nature of the statistical annotation (
the ninth and tenth
digits of the classification) and the restraint (quota/visa)
categories, you should contact
your local Customs office prior to importing the merchandise to
determine the current
applicability of any import restraints or requirements.

     Pursuant to section 177.9, Customs Regulations (19 C.F.R.
177.9), the ruling letter
of November 22, 1988 is modified in conformity with the foregoing
.


                                   Sincerely,


                                   John Durant, Director
                                   Commercial Rulings Division