CLA-2 CO:R:C:E 953540 BC

Thomas J. O'Donnell
Sonnenberg, Anderson, O'Donnell & Rodriguez
200 West Adams Street
Chicago, Illinois 60606

RE: Revocation of Headquarters Ruling Letter (HRL) 087760; classification of jewelry presentation cases; jewelry boxes

Dear Mr. O'Donnell:

In HRL 087760, dated October 31, 1991, we advised you that certain paper covered plastic jewelry boxes were classifiable under subheading 3926.90.9050, 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 HRL 087760 is contradictory to the findings set forth in HRL 951028, it is hereby revoked. Because the plastic jewelry boxes covered by HRL 087760 are covered with paper, they are classifiable under subheading 4202.99.0000, HTSUSA.

This notice of revocation of HRL 087760 is issued under 19 CFR 177.9(d)(1). It is not to be applied retroactively to HRL 087760 (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, HRL 087760 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.


John Durant, Director