HQ 084338: Modification of NYRL 838072 of March 3, 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 084338

                                  July 7, 1989


      CLA-2 CO:R:C:G  084338  CMR

      CATEGORY: Classification

      TARIFF NO.: 6110.20.2075

      Ms. Selma Larson
      Inter-Maritime Forwarding Co.
      156 William Street
      New York, New York  10038

      RE: Modification of NYRL 838072 of March 3, 1989

      Dear Ms. Larson:

           This ruling is in response to your letter of April 19, 1989,
      requesting modification of NYRL 838072 involving the classification
      of two women's knit pullover garments, styles M3578 and 3588.

      FACTS:

           NYRL 838072 classified the garments at issue, styles M3578 and
      3588, in subheading 6110.30.3055, HTSUSA, which provides for women's
      or girls' knitted or crocheted sweaters, pullovers, sweatshirts,
      waistcoats (vests) and similar articles.

           You have informed us that the ruling is in error in respect to
      style #3588's fiber content.  Style 3588 is constructed of 100
      percent cotton and should be classified as a cotton garment.  In NYRL
      838072, however, it was described as having a fiber content of 65
      percent polyester and 35 percent cotton, and was classified as a
      garment of man-made fibers.

           Your March 6, 1989, letter requesting the ruling did indicate
      that style 3588 is constructed of 100 percent cotton.



















                                       -2-


      HOLDING:

           Style 3588 was incorrectly classified in NYRL 838072 of March 3,
      1989.  It is properly classified as a cotton garment in subheading
      6110.20.2075, HTSUSA, textile category 339, dutiable at 20.7 percent
      ad valorem.

           NYRL 838072 of March 3, 1989, is hereby modified with respect to
      the classification of style 3588.  This action is taken in accordance
      with 19 CFR 177.9(d).

           Due to the changeable nature of the statistical annotation (the
      ninth and tenth digits of the classification) and the restraint
      (quota/visa) categories, you should contact your local Customs office
      prior to importation of this merchandise to determine the current
      status of any import restraints or requirements.


                                      Sincerely,



                                      John Durant, Director
                                      Commercial Rulings Division





































      6cc: Area Director, New York Seaport
      1cc: CITA
      1cc: Legal Reference Section
      1cc: Phil Robins