us-cbp-cross-rulings-hq-085614•HQ 085614: Apparel; Modification of NYRL 842948, dated July 25, 1989
HQ 085614: Apparel; Modification of NYRL 842948, dated July 25, 1989
us-cbp-cross-rulings-hq-085614HQ 085614: Apparel; Modification of NYRL 842948, dated July 25, 1989Guidance
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 085614
December 7, 1989
CLA-2: CO:R:C:G 085614 DRR
CATEGORY: Classification
TARIFF NO.: 6105.20.2010
Mr. Chuck Heuttner
J.W. Hampton, Jr. & Co., Inc
15 Park Row
New York, New York 10038
Re: Apparel; Modification of NYRL 842948,
dated July 25, 1989
Dear Mr. Heuttner:
This is in further response to your letter of June 30,
1989, 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 a man's
pullover shirt. Our New York office's response to your June
30, 1989, request, New York Ruling Letter (NYRL) 842948, dated
July 25, 1989, classified the garment in question under
subheading 6105.10.0010, HTSUSA. We have had occasion to
review that ruling and have determined that it is in error.
FACTS:
The merchandise at issue is represented by a sample of a
men's pullover shirt made of 65 percent polyester and 35
percent cotton pique knit fabric. The fabric has 10 stitches
per linear centimeter measured in the horizontal direction and
15 stitches per linear centimeter measured in the vertical
direction. The garment has a rib knit spread collar, a partial
front opening with a two button placket, short sleeves with rib
knit cuffs and a hemmed bottom with side slits.
ISSUE:
Whether the shirt in question is classifiable under
subheading 6105.10.0010, HTSUSA or subheading 6105.20.2010,
HTSUSA.
-2-
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 6105.10.0010,
HTSUSA, provides for men's or boy's shirts, knitted or
crocheted, of cotton, men's. The sample submitted is made from
65 percent polyester and 35 percent cotton and therefore more
specifically provided for in subheading 6105.20.2010, HTSUSA,
which provides for men's or boy's shirts, knitted or crocheted,
of man-made fibers, other, men's.
HOLDING:
The shirt in question is classified under subheading
6105.20.2010, HTSUSA, with a duty rate of 34.6 percent ad
valorem, and subject to textile visa category 638. 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.
This notice to you should be considered a modification of
NYRL 842948 under 19 CFR 177.9(d)(1) (1989). It is not to be
applied retroactively to NYRL 842948 (19 CFR 177.9(d)(2)
(1989)) and will not, therefore, affect the transaction for the
importation of your merchandise under that ruling. However,
for the purposes of future transactions in merchandise of this
type, NYRL 842948 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 085614 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.
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.
- 3 -
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
085614 DRR
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