Modification of Headquarters Ruling Letter 086318

HQ 087930 November 13, 1990 CLA-2 CO:R:C:G 087930 STB CATEGORY: Classification TARIFF NO.: 9403.80.30 Mr. Steven Sauer Vice President Grand Basket Company, Inc. 53-06 Grand Avenue Maspeth, New York 11378 RE: Modification of Headquarters Ruling Letter 086318 Dear Mr. Sauer: In Headquarters Ruling Letter (HRL) 086318, dated May 17, 1990, you were provided with the tariff classification and rate of duty for various wicker shelves. We have examined that ruling and have determined that a clerical error has occurred regarding the appropriate subheading of classification within the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Wicker shelves of the type at issue in this instance are provided for in subheading 9403.80.30, HTSUSA, which applies to furniture of other materials, including cane, osier, bamboo or similar materials. The applicable rate of duty is 7.5 percent ad valorem. Pursuant to 19 CFR 177.9(d), HRL 086318 of May 17, 1990, (copy enclosed) is hereby modified. This modification is not to be applied retroactively to HRL 086318 (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, HRL 086318 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importation arriving at a port subsequent to the release of HRL 087930 will be -2- 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. Sincerely, John Durant, Director Commercial Rulings Division