HQ 0085614 - Apparel; Modification of NYRL 842948, dated July 25, 1989 - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0085561 - HQ 0085622 > HQ 0085614

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.

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.

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

Previous Ruling Next Ruling

See also: