HQ 086688: Modification of NYRL 848356, dated January 12, 1990; Classification of woven silk scarf

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 086688

                                     June 29, 1990




            CLA-2 CO:R:C:G  086688 DRR 848356

            CATEGORY:  Classification

            TARIFF NO.: 6214.10.1000

            Ms. Rosemary Jacobs
            219 Maple Street
            P.O. Box 706
            Ayer's Cliff, Quebec
            JOB  ICO, Canada

            Re:  Modification of NYRL 848356, dated January 12, 1990;
                 Classification of woven silk scarf

            Dear Ms. Jacobs:

                 This is in further response to your letter of December 20,
            1989, to our New York office, in which you requested a
            classification ruling for a woven silk scarf under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).  New York's response to your December 20, 1989,
            request, New York Ruling Letter (NYRL) 848356, dated January
            12, 1990, classified the scarf in question under subheading
            6217.10.0040, HTSUSA.  We have had occasion to review that
            ruling and have determined that it is in error.

            FACTS:

                 The merchandise at issue is represented by a 100 percent
            woven silk scarf which measures approximately 58 inches by 11
            inches, with a fringe at each end of approximately 4 inches.

            ISSUE:

                 Whether the fabric in question is classifiable under
            subheading 6217.10.0040, HTSUSA or subheading 6214.10.1000,
            HTSUSA.



















                                          -2-


            LAW AND ANALYSIS:

                 Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            taken in order.  GRI 1 provides that classification shall be
            determined according to the terms of the headings and any
            relative section or chapter notes.  NYRL 848356 classified the
            samples in Heading 6217, HTSUSA, which provides for clothing
            accessories.  The scarf is more appropriately provided for as a
            silk scarf under Heading 6214.

            HOLDING:

                 The scarf in question is classified under subheading
            6214.10.1000, HTSUSA, with a duty rate of 7.7 percent ad
            valorem.  There is currently no textile visa category for this
            merchandise.  Goods classifiable under this subheading which
            originate in the territory of Canada, are entitled to a duty
            rate of 6.1 percent under the United States-Canada Free Trade
            Agreement (FTA) upon compliance with all applicable
            regulations.

                 This notice to you should be considered a modification of
            NYRL 848356 under 19 CFR 177.9(d)(1) (1989), copy enclosed.  It
            is not to be applied retroactively to NYRL 848356 (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, NYRL 848356 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 the
            release of HRL 086688 will be 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.

























                                          -3-


                 Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, you should contact the local Customs office prior
            to importation of this merchandise to determine the current
            status of any import restraints or requirements.


                                       Sincerely,




                                       John Durant, Director
                                       Commercial Rulings Division

            Enclosure













































            drimmer library / 086688
            1cc: A.D., N.Y. Seaport
            DRimmer:za:02/28/90