CLA-2 CO:R:C:G 087657 CRS

Mr. Robert M. Paisley
General Manager
Baltic Linen Company, Inc.
P.O. Box 150
Oceanside, NY 11572

RE: Herringbone dish towels; HRL 086811; PCR 846859 revoked; 19 CFR 177.9; delayed effective date.

Dear Mr. Paisley:

This is in reply to your letters of August 1, 1990, and November 29, 1990, concerning the classification of dish towels under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

Your company was issued a Pre-Entry Classification Ruling (PCR) 846859 dated November 3, 1989, in which plain herringbone weave dish towels were classified in subheading 6302.91.0050, HTSUSA. However, in Headquarters Ruling Letter (HRL) 086811 of July 12, 1990, plain herringbone dish towels were held to be classifiable in subheading 6302.91.0045, HTSUSA. Nevertheless, this ruling did not revoke PCR 846859.

Accordingly, this is to advise you that pursuant to section 177.9, Customs Regulations (19 CFR 177.9), PCR 846859 dated November 3, 1989, is revoked. As a general matter, a ruling letter that revokes an earlier ruling letter is effective on the date that it is issued. However, the effective date of such a ruling may be delayed for a period of up to ninety days from the dated of issuance, on the condition that the party to whom the earlier ruling was issued can demonstrate that they relied on the earlier ruling to their detriment in accordance with the provisions of 19 CFR 177.9.

You have also asked for guidance as to how to proceed in 1991. HRL 086811 constitutes Customs' current position with regard to plain and striped herringbone towels and they remain classifiable in subheading 6302.91.0045, HTSUSA. Should you have any questions with regard to the classification of other towels, we suggest that you obtain a binding ruling pursuant to section 177.2, Customs Regulations (19 CFR 177.2).

We recognize the need for certainty with regard to visa and classification requirements and regret any confusion that may have been occasioned as a result of PCR 846859.

Sincerely,

John Durant, Director
Commercial Rulings Division