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HQ 087142

May 22, 1990

CLA-2 CO:R:C:G 087142 CB


TARIFF NO.: 6307.90.6000

Lynn S. Baker, Esq.
Katten, Muchin and Zavis
525 West Monroe Street
Suite 1600
Chicago, Illinois 60606-3693

RE: Modification of HQ 081874 issued December 29, 1989

Dear Ms. Baker:

On December 29, 1989 a classification ruling was issued (HQ 081874) classifying a disposable overhead table cover made of Sontara under subheading 6307.90.7010, HTSUSA. We have since had occasion to re-examine the proper classification of this article.

Upon further consideration, we have determined that this article is more properly classified under a different subheading within the Harmonized Tariff Schedule of the United States (HTSUSA). Enclosed please find a copy of HQ 086629 issued May 4, 1990, which reflects Customs present position regarding the proper classification of Sontara articles under the HTSUSA. The subject article is classifiable in subheading 6307.90.60, HTSUSA, which provides for other made up articles..., other, surgical drapes, of fabric formed on a base of paper or covered or lined with paper. The rate of duty is 5.6% ad valorem.

HQ 081874 is modified accordingly pursuant to 19 CFR 177.9(d). This notice is not to be applied retroactively to HQ 081874 (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, HQ 081874 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 HQ 086629 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.


John Durant, Director

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