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HQ 088356

March 25, 1991

CLA-2 CO:R:C:M 088356 AJS


TARIFF NO.: 8516.90.60

Mr. Peter J. Gartland
Donovan, Leisure, Newton & Irvine
30 Rockefeller Plaza
New York, NY 10112

RE: Parts of microwave ovens; HQ 086655; HQ 087460.

Dear Mr. Gartland:

On January 9 and 18, 1989, Customs issued to your office New York ruling letters 835015, 835013, and 835014, which classified parts of microwave ovens within subheading 8516.90.20, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for parts of cooking stoves ranges and ovens.

In ruling letters HQ 086655 (06/07/90) and its reconsideration in HQ 087460 (10/25/90) (copies attached), Customs ruled that parts of microwave ovens are classifiable within subheading 8516.90.60, HTSUSA, which provides for other parts of the articles of heading 8516. This office is of the opinion that this ruling is applicable to your merchandise. In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying NY ruling letters 835015, 835013 and 835014 to reflect the above classification effective with the date of this letter. However, if you disagree with the legal basis for our decision, we invite you to submit any arguments you may 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 should be considered a modification of NY ruling letters 835015, 835013 and 835014 under 19 C.F.R. 177.9(d)(1). It is not to be applied retroactively to these letters (19 C.F.R. 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your merchandise under those rulings. However, for the purposes of future transactions in merchandise
of this type, these letters will no longer 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 this modification. If such a situation should arise, you may, at your discretion, notify this office and apply for relief from the binding effects of this ruling as may be warranted by circumstances.


John Durant, Director
Commercial Rulings Division

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