HQ 951673: DD 844321 revoked. Country of origin of diapers.

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 951673

                          May 20, 1993

CLA-2 CO:R:C:T  951673 HP

CATEGORY:  Classification

Mr. Philip D. Anderson
Empire Trading Company Ltd.
6489 Ridings Road
Syracuse, N.Y. 13206

RE:  DD 844321 revoked.  Country of origin of diapers.

Dear Mr. Anderson:

     This is in reference to your letter, through counsel, of
April 23, 1992.  That letter concerned the country of origin of
diapers.

FACTS:

     On July 19, 1989, JAMPRO, on your behalf, requested a "ruling
as to the eligibility of [diapers] for import into the United
States as being products of Jamaica".  This was followed up by an
August 9, 1989 letter repeating this request.  In DD 844321 of
August 23, 1989, the District Director, Nogales, Arizona, responded
to the second letter, classifying diapers manufactured in Jamaica
from Chinese cloth under heading 6209, Harmonized Tariff Schedule
of the United States Annotated (HTSUSA).  In closing that letter,
the District Director stated that "as products of Jamaica, this
merchandise is subject to visa requirements...."  You interpreted
this statement as Customs official position as to the diapers'
country of origin for quota/visa purposes, and established a diaper
manufacturing process in Jamaica.  You are now requesting
confirmation of the District Ruling Letter.

ISSUE:

     Whether DD 844321 was issued in error?

LAW AND ANALYSIS:

     On July 10, 1992, following your meeting with attorneys within
the Office of Regulations & Rulings, we submitted for analysis
samples of the diaper fabric being imported under DD 844321 to our
Office of Laboratories and Scientific Services.  Their examination
revealed that the fabric from which the diapers were constructed
contained "lines" formed either by a change in the weave or by the
creation of single and double layer alternating pockets.  In either
respect, this construction was not mentioned in JAMPRO's above-
cited letters.

     A ruling letter represents the official position of Customs
until modified or revoked.  Section 177.9(a), Customs Regulations
(19 C.F.R.  177.9(a)). Each ruling letter is issued on the
assumption that all of the information furnished is accurate and
complete in every material respect.  177.9(b).  Since the details
of the diaper fabric construction was not provided to Customs in
either of JAMPRO's above-cited letters, we now, pursuant to
 177.9(d), Customs Regulations, revoke DD 844321 ab initio.

HOLDING:

     In order to insure uniformity in Customs administration of
this merchandise and eliminate uncertainty, we are revoking ab
initio DD 844321 of August 23, 1989, pursuant to 19 C.F.R.
 177.9(d)(1), to reflect the above analysis.

                           Sincerely,



                      John Durant, Director
                   Commercial Rulings Division