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HQ 088372

April 12, 1991

CLA-2 CO:R:C:T 088372jlj


TARIFF NO.: 6117.90.0026

Mr. Gilbert Adams
Freight Brokers International, Inc.
1200 Brunswick Avenue
Far Rockaway, N. Y. 11691

RE: Modification of New York Ruling Letter (NYRL) 858021; classification of a knitted front blouse panel

Dear Mr. Adams:

On November 27, 1990, U. S. Customs, New York Seaport, issued a ruling which you requested on behalf of Menchel, Inc. (NYRL 858021) classifying a knitted front blouse panel under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). We have reconsidered this ruling at the request of our New York office and have determined that the classification stated therein is in error.


The instant merchandise is a knitted front blouse panel produced in China. The knitted fabric is made of 65 percent polyester and 35 percent cotton. The panel is decorated with a jungle scene which has been embroidered with bugles and beads.

Only the front panel of the blouse will be imported from China. The sleeves and back panel will be added after importation. The completed product will be a blouse.

NYRL 858021 of November 27, 1990,classified this item under the provision for other made up clothing accessories: parts of garments or of clothing accessories, other than those of heading 6212: parts of blouses and shirts: of man-made fibers, in subheading 6217.90.0010, HTSUSA.


What is the correct HTSUSA classification of this item?


Heading 6117, HTSUSA, provides for other made up clothing accessories, knitted or crocheted: parts of garments or of clothing accessories. This tariff provision specifically provides for the knitted parts of blouses and shirts under subheading 6117.90.0026,HTSUSA.


The instant merchandise is classified in subheading 6117.90.0026, HTSUSA, dutiable at the rate of 15.5 percent ad valorem. Textile category 639 applies to this subheading.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your 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. Inasmuch as part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, 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.

In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying NYRL 858021 to reflect the above classification effective with the date of this letter. However, if after your review, you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter.

This notice to you should be considered a modification of NYRL 858021 under 10 CFR 177.9(d)(1). It is not to be applied retroactively to NYRL 858021 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your merchandise under that ruling. However, for the purposes of future transactions of merchandise of this type, NYRL 858021 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 this decision will be classified pursuant to it. If such a situation arises, you may, at your discretion, notify this office and apply for such relief from the binding effects as may be warranted by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies.


John Durant, Director
Commercial Rulings Division

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