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NY 806059




January 31, 1995

CLA-2-62:S:N:N5:357 806059

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.13.4030

Ms. Linda M. Myatt
Tower Group International, Inc.
One Clay Place
P.O. Box 20729
Atlanta, Georgia 30320-0729

RE: The tariff classification of a man's poncho from Thailand

Dear Ms. Myatt:

In your letter dated January 16, 1995, on behalf of Adidas America, Inc., you requested a classification ruling.

The sample submitted, "Rain Poncho" article number 229812, color black, is a man's poncho constructed of a woven 100% nylon fabric. The garment will also be imported in different colors under article numbers 229813, 229814, 229815 and 229816. In a telephone conversation you stated that the garment is coated with a 600mm polyurethane for water resistance.

The coating is not "visible," as that term is defined in the tariff, therefore HTS 6210 does not apply.

The poncho is a pullover calf-length garment that is free hanging from the shoulders with no armholes. The garment has an attached hood with a drawcord tightening and is secured by three snap closures which extend down the length of the garment on each side. The front of the garment features the "Adidas" trade name and logo.

The garment is being returned to you as you have requested.

The applicable subheading for the poncho will be 6201.13.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's overcoats, carcoats, capes, cloaks and similar coats, of man-made fibers. The duty rate will be 29.3 percent.

The poncho falls within textile category designation 634. Based upon international textile trade agreements products of Thailand are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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