HQ 086522: Modification of NYRL 847214, dated November 30, 1989;Classification of barbecue mitt

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 086522

                                February 28, 1990




CLA-2 CO:R:C:G  086522 DRR

CATEGORY:  Classification

TARIFF NO.: 6304.92.0000 

Ms. Lori Aldinger
Rite Aid Corporation 
P.O. Box 3165 
Harrisburg, Pennsylvania 17105

Re:  Modification of NYRL 847214, dated November 30, 1989;
Classification of barbecue mitt

Dear Ms. Aldinger:

 This is in further response to your letter of November 10, 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 barbecue mitt from China.  Our New York
office's response to your November 10, 1989, request, New York Ruling Letter
(NYRL) 847214, dated November 30, 1989, classified the mitt in question under
subheading 6216.00.3810, 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 barbecue mitt made of
red and white woven cotton fabric with a nonwoven polyester lining.

ISSUE:

Whether the barbecue mitt in question is classifiable under subheading
6216.00.3810, HTSUSA or subheading 6304.92.0000, HTSUSA.

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.  Heading 6216, HTSUSA,  
                                       -2-


provides for gloves, mittens, and mitts.  Heading 6304, HTSUSA, provides for
other furnishing articles.  Customs has traditionally distinguished between
gloves and mitts worn as apparel and those designed for use in the kitchen. 
Headquarters Ruling  Letter (HRL) 085843, dated December 7, 1989, classified an
oven mitt under Heading 6304.  The same ruling indicated that barbecue mitts
should be classified under the same provision as oven mitts and potholders.  

HOLDING:

The barbecue mitt in question is classified under subheading 6304.92.0000,
HTSUSA, with a duty rate of 7.2 percent ad valorem, and subject to textile visa
category 369.  

This notice to you should be considered a modification of NYRL 847214 under 19
CFR 177.9(d)(1) (1989), copy enclosed.  It is not to be applied retroactively to
NYRL 847214 (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 847214
will not be valid precedent.  We recognize that pending transactions may be
adversely affected by this revocation, in that current contracts for importation
arriving at a port subsequent to the release of HRL 086522 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, you should contact
the 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, we suggest
that you check, close to the time of  
                                      - 3 -


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
 drimmer library / 086522
1cc: A.D., N.Y. Seaport
DRimmer:za:02/28/90