CLA-2 CO:R:C:G 087142 CB
Lynn S. Baker, Esq.
Katten, Muchin and Zavis
525 West Monroe Street
Suite 1600
Chicago, Illinois 60606-3693
RE: Modification of HQ 081874 issued December 29, 1989
Dear Ms. Baker:
On December 29, 1989 a classification ruling was issued
(HQ 081874) classifying a disposable overhead table cover made
of Sontara under subheading 6307.90.7010, HTSUSA. We have since
had occasion to re-examine the proper classification of this
article.
Upon further consideration, we have determined that this
article is more properly classified under a different subheading
within the Harmonized Tariff Schedule of the United States
(HTSUSA). Enclosed please find a copy of HQ 086629 issued May 4,
1990, which reflects Customs present position regarding the
proper classification of Sontara articles under the HTSUSA. The
subject article is classifiable in subheading 6307.90.60,
HTSUSA, which provides for other made up articles..., other,
surgical drapes, of fabric formed on a base of paper or covered
or lined with paper. The rate of duty is 5.6% ad valorem.
HQ 081874 is modified accordingly pursuant to
19 CFR 177.9(d). This notice is not to be applied retroactively
to HQ 081874 (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, HQ 081874 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 the
release of HQ 086629 will be classified under the new ruling.
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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