HQ 085871: Modification of HQ 084638 issued August 24, 1989

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 085871

                        November 21, 1989

CLA-2 CO:R:C:G  085871  CB

CATEGORY:  Classification

TARIFF NO.:  5609.00.3000

Mr. D. G. McKenny
John V. Carr & Son, Inc.
P. O. Box 248
Champlain, NY  12919

RE:  Modification of HQ 084638 issued August 24, 1989

Dear Mr. McKenny:

     On August 24, 1989, a classification ruling was issued (HQ
085871) classifying certain hair swatch charts and books in
subheading 6307.90.9050, HTSUSA, which provides for other made up
textile articles.  Upon further consideration, that
classification is determined to be in error.

     Pursuant to 19 CFR 177.9(d), HQ 084638 is modified in the
following respect.  The Explanatory Notes to Chapter 63 require
that in order to be classified in this heading, the articles must
be of fabric.  The nylon filaments in the subject charts and
books are not fabric.  We conclude that heading 5609, HTSUSA,
which provides for articles of yarn, strip or the like
specifically describes the hair swatch charts and books.  The
subject charts and books are classifiable in subheading
5609.00.3000, HTSUSA, which provides for articles of yarn, strip
or the like...not elsewhere specified or included, of man-made
fibers.  The applicable rate of duty is 9 percent ad valorem.

     HQ 084638 is modified accordingly.

                                Sincerely,




                                John Durant, Director
                                Commercial Rulings Division