HQ 085812: Modification of NYRL 833427 issued December 9, 1988

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 085812

                        December 21, 1989

CLA-2 CO:R:C:G  085812 CB

CATEGORY:  Classification

TARIFF NO:  6117.80.0030

Mr. Steven M. Kott
K Mart Apparel Corp.
7373 West Side Avenue
North Bergen, NJ  07047

RE:  Modification of NYRL 833427 issued December 9, 1988

Dear Mr. Kott:

     On December 9, 1988, a classification ruling was issued
(NYRL 833427) classifying an acrylic dickie in subheading
6114.30.3070, HTSUSA, which provides for other garments, knitted,
of man-made fibers, women's or girls'.  Upon further
consideration, that classification is determined to be in error.

     Pursuant to 19 CFR 177.9(d), NYRL 833427 is modified in the
following respect.  We conclude that heading 6117, HTSUSA, which
provides for other made up clothing accessories, more
specifically describes the dickie than heading 6114, HTSUSA.
General Rule of Interpretation 3(a) states that, where an article
is, prima facie, classifiable under two or more headings, the
heading which provides the most specific description shall be
preferred to headings providing a more general description.  We
find that an acrylic dickie is considered other made up clothing
accessories.  The appropriate subheading for the subject dickie
is subheading 6117.80.0030, HTSUSA, textile category 659.  The
applicable rate of duty is 15.5 percent ad valorem.

     NYRL 833427 is modified accordingly pursuant to 19
CFR 177.9(d).

                                Sincerely,




                                John Durant, Director
                                Commercial Rulings Division