HQ 085614: Apparel; Modification of NYRL 842948, dated July 25, 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 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