DD 844321 revoked. Country of origin of diapers.

HQ 951673 May 20, 1993 CLA-2 CO:R:C:T 951673 HP CATEGORY: Classification Mr. Philip D. Anderson Empire Trading Company Ltd. 6489 Ridings Road Syracuse, N.Y. 13206 RE: DD 844321 revoked. Country of origin of diapers. Dear Mr. Anderson: This is in reference to your letter, through counsel, of April 23, 1992. That letter concerned the country of origin of diapers. FACTS: On July 19, 1989, JAMPRO, on your behalf, requested a "ruling as to the eligibility of [diapers] for import into the United States as being products of Jamaica". This was followed up by an August 9, 1989 letter repeating this request. In DD 844321 of August 23, 1989, the District Director, Nogales, Arizona, responded to the second letter, classifying diapers manufactured in Jamaica from Chinese cloth under heading 6209, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). In closing that letter, the District Director stated that "as products of Jamaica, this merchandise is subject to visa requirements...." You interpreted this statement as Customs official position as to the diapers' country of origin for quota/visa purposes, and established a diaper manufacturing process in Jamaica. You are now requesting confirmation of the District Ruling Letter. ISSUE: Whether DD 844321 was issued in error? LAW AND ANALYSIS: On July 10, 1992, following your meeting with attorneys within the Office of Regulations & Rulings, we submitted for analysis samples of the diaper fabric being imported under DD 844321 to our Office of Laboratories and Scientific Services. Their examination revealed that the fabric from which the diapers were constructed contained "lines" formed either by a change in the weave or by the creation of single and double layer alternating pockets. In either respect, this construction was not mentioned in JAMPRO's above- cited letters. A ruling letter represents the official position of Customs until modified or revoked. Section 177.9(a), Customs Regulations (19 C.F.R. 177.9(a)). Each ruling letter is issued on the assumption that all of the information furnished is accurate and complete in every material respect. 177.9(b). Since the details of the diaper fabric construction was not provided to Customs in either of JAMPRO's above-cited letters, we now, pursuant to 177.9(d), Customs Regulations, revoke DD 844321 ab initio. HOLDING: In order to insure uniformity in Customs administration of this merchandise and eliminate uncertainty, we are revoking ab initio DD 844321 of August 23, 1989, pursuant to 19 C.F.R. 177.9(d)(1), to reflect the above analysis. Sincerely, John Durant, Director Commercial Rulings Division