CLA-2 CO:R:C:T 953538 BC
Mr. Bruce E. Benedict
John V. Carr & Son
1600 West Lafayette
Detroit, Michigan 48216
RE: Revocation of New York Ruling Letter (NYRL) 835717;
classification of jewelry presentation cases; jewelry boxes
Dear Mr. Benedict:
In NYRL 835717, dated January 24, 1988, our New York Seaport
Area Office advised you that certain cloth covered metal jewelry
boxes from Canada were classifiable under subheading
7310.29.0000, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA). We have recently reviewed that ruling in the
light of a Headquarters decision involving similar merchandise
and have concluded that the prior classification was incorrect.
On March 3, 1993, Headquarters Ruling Letter (HRL) 951028
was issued classifying jewelry presentation cases as "jewelry
boxes," as that term appears in Heading 4202, HTSUSA. A copy of
HRL 951028 is enclosed for your reference. The jewelry
presentation cases covered by HRL 951028 are classifiable under
subheading 4202.92.9020, HTSUSA. Since NYRL 835717, issued to
you on behalf of your client, is contradictory to the findings
set forth in HRL 951028, it is hereby revoked.
This notice of revocation of NYRL 835717 is issued under 19
CFR 177.9(d)(1). It is not to be applied retroactively to NYRL
835717 (19 CFR 177.9(d)(2)) and will not, therefore, affect past
transactions for the importation of merchandise under that
ruling. However, for the purposes of future transactions in
merchandise of this type, NYRL 835717 will not be valid
precedent. We recognize that pending transactions may be
adversely affected by this revocation, in that current contracts
for importation arriving at a port subsequent to this decision
will be classified pursuant to it. If such a situation arises,
your client may, at his discretion, notify this office and apply
for temporary relief from the binding effects of this decision as
may be warranted by the circumstances, pursuant to 19 CFR
177.9(e)(2). However, please be advised that in some instances
involving import restraints, such relief may require separate
approval from other government agencies.
Sincerely,
John Durant, Director