CLA-2 CO:R:C:G 087930 STB
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
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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