HQ 085804: Modification of DD 845150. infants' sets

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 085804

                                January 3, 1990




CLA-2 CO:R:C:G  085804  HP

CATEGORY:  Classification

TARIFF NO.:  6111.20.6020; 6111.20.6030

Mr. Jack Gonzalez
J.W. Hampton, Jr. & Co.
15 Park Row
New York, NY 10038

RE:  Modification of DD 845150. infants' sets

Dear Mr. Gonzalez:

     This letter is a modification of DD 845150 of September 20,
1989, on behalf of Woolworth Company.

FACTS:

     Four samples described as newborn boy's shorts sets were
submitted, revised styles 9012R-A, B, C & D (hereinafter A, B, C
& D), produced in Hong Kong.  Styles A & B are infants' 60%
cotton/40% polyester knit sets.  The shirts have rib knit crew
necks with a two snap opening on the shoulder, short sleeves and
rib waistbands and cuffs.  The top portion of the sleeves is a
mesh
fabric with piping at the edges.  The mesh and piping are
repeated
in the side panels of the diaper covers.  Both garments are color
coordinated and have coordinating appliques.

     Styles C & D are infants' 60% cotton/40% polyester sets with
knit shirts and woven diaper covers.  The knit shirts have knit
crew necks with a two snap opening on the shoulder, short sleeves
and rib knit waistbands and cuffs.  The shirts are styled as two
piece garments with mesh sleeves and mesh inserts at the neck and
waist; the body is solid knit fabric designed like a tank top
with
contrasting ribbing at the scoop neckline and armholes.  The
woven
pull-on diaper covers have elasticized waistbands and rib knit
cuffs.  The shirts and diaper covers are color coordinated and
have
coordinating appliques.

ISSUE:

     Whether the classification of the instant merchandise under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA) was correct?
LAW AND ANALYSIS:

     In the TARIFF NO.: segment of DD 845150, subheading
6110.20.6020 was a typographical error.  The correct subheading
is
6111.20.6020.

     In the body of DD 845150, the District Director, Charleston,
S.C., classified styles C & D (shirts only) under subheading
6110.20.6030, HTSUSA.  This was also a typographical error.  The
correct subheading is 6111.20.6030; the textile category remains
239.

HOLDING:

     As a result of the foregoing, Styles C & D are classified in
subheading 6111.20.6030, HTSUSA.  The applicable rate of duty is
8.6 percent ad valorem.

     This notice to you should be considered a modification of DD
845150 of September 20, 1989, as to the merchandise described as
Styles C and D, under 19 C.F.R.  177.9(d)(1) (1989).  It is not
to be applied retroactively to DD 845150 (19 C.F.R.  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,
DD 845150 will not be valid precedent.  We recognize that pending
transactions may be adversely affected by this modification, in
that current contracts for importations arriving at a port
subsequent to the release of HRL 085804 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.


                                  Sincerely,


                             John Durant, Director
                          Commercial Rulings Division