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NY C84780




March 24, 1998

CLA-2-61:PD:A:TC:I:I04 C84780

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.10.2010

Jeffrey Wilson
Import Service Coordinator
Spiegel Imports
3500 Lacey Road
Downers Grove, Illinois 60515-5432

RE: The tariff classification of a woman's shawl from Hong Kong

Dear Mr. Wilson:

In your letter dated February 19, 1998, you requested a tariff classification ruling.

The submitted sample, style number 38-6022s, is a woman's shawl. The garment is manufactured from knit fabric composed of 50 percent wool and 50 percent acrylic.

The shawl is designed to drape around the neck to cover the shoulders and upper body area. The garment features a full frontal opening without closure. Measured from the shoulder seams, the two front panels of the shawl are 27 inches long and 23 inches wide. The back panel of the shawl is 29 inches long and 60 inches wide.

The submitted sample will be returned under separate cover.

In accordance with GRI 3(c) of the Harmonized Tariff Schedule(HTS), when goods cannot be classified by reference to GRI Rule 3(a) or 3(b), they are to be classified in the heading which occurs last in numerical order among those which equally merit consideration in determining their classification. In this case, the competing classifications are as a wool garment and as a garment of man-made fibers. As the HTS heading for the man-made fiber garment, occurs last in the HTS, the shawl will be classified under this heading.

The applicable subheading for the shawl will be 6117.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for shawls, scarves, mufflers, mantillas, veils, and the like: of man-made fibers: containing 23 percent or more by weight of wool or fine animal hair. The rate of duty will be 11.7 per cent ad valorem.

The shawl falls within textile category designation 459. As a product of Hong Kong, the garment is 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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Signed by

Constance H. Price
Acting Port Director

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