Cigarette filter rods made of textile wadding and activatedcharcoal; NYRL 836602 revoked.

HQ 952334 August 4, 1992 CLA-2 CO:R:C:T 952334 CRS CATEGORY: Classification TARIFF NO.: 5601.22.0090 Ms. M.M. Bradley Brown & Williamson Tobacco Corp. 1500 Brown & Williamson Tower Louisville, KY 40232 RE: Cigarette filter rods made of textile wadding and activated charcoal; NYRL 836602 revoked. Dear Ms. Bradley: As the result of an inquiry from Customs officials at the port of Charleston, South Carolina, this office has determined that New York Ruling Letter (NYRL) 836602, issued to you on February 17, 1989, is in error. The basis for this determination was Headquarters Ruling Letter (HRL) 951262 of August 4, 1992, a copy of which is enclosed. As the result of the decision in HRL 951262, cigarette filter rods made from wadding of man-made textile fibers and activated charcoal are classifiable in subheading 5601.22.0090, Harmonized Tariff Schedule of the United States Annotated, under the provision for wadding; other articles of wadding: of man- made fibers: other. They are dutiable at the rate of 12.5 per cent ad valorem. In order to insure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are revoking NYRL 836602 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 thirty days of the date of this letter. This notice to you should be considered a revocation of NYRL 836602 under 19 CFR 177.9(d)(1). It is not to be applied retroactively to NYRL 836602 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of your client's merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, NYRL 836602 will not be valid precedent. We recognize that pending transactions may be adversely affected by this revocation 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, your client may, at its discretion, notify this office and apply for relief from the binding effects of this decision 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. Sincerely, John Durant, Director Commercial Rulings Division Enclosure