Modification of NYRL 871287

HQ 951885 August 17, 1992 CLA-2 CO:R:C:T 951885 CAB CATEGORY: Classification TARIFF NO.: 6110.30.3020 Mr. William J. Ramia, Jr. Alexander International P.O. Box 30209 Memphis, TN 38130 RE: Modification of NYRL 871287 Dear Mr. Ramia: This letter is in response to your request, on behalf of Catherine's Inc., for modification of New York Ruling Letter (NYRL) 871287, dated March 5, 1992 under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The merchandise at issue is a woman's sweater. Although three different articles were at issue in NYRL 871287, only one of these garments is the subject of this ruling. In NYRL 871287, Style 6012/7012 was described as a woman's sweater constructed from 55 percent ramie and 45 percent cotton knit fabric. However, you have notified Customs that the fabric content given in NYRL 871287 was in error. The correct fabric content of Style 6012/7012 is 100 percent acrylic. NYRL 871287 classified Style 6012/7012 under subheading 6110.90.0042. The rate of duty was 6 percent ad valorem, and the textile restraint category was 845. That ruling, based on the facts available at the time it was issued, was correct. However, as a result of the submission of the correct fabric content, Style 6012/7012 is properly classifiable under subheading 6110.30.3020. The rate of duty is 34.2 percent ad valorem, and the textile restraint category is 646. In order to ensure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying NYRL 871287 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 871287 under 10 CFR 177.9(d)(1). Sincerely, John Durant, Director Commercial Rulings Division