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NY D85457




December 14, 1998

CLA-2-62:RR:NC:3:353 D85457

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.3000

Mr. Brandon Terrel
Fritz Companies, Inc.
1600 Genessee, Suite 450
Kansas City, M0 64102

RE: The tariff classification of a poncho from China.

Dear Mr. Terrell:

In your letter dated November 30, 1998 you requested a tariff classification ruling.

The submitted sample, style 7504, is a man's poncho consisting of woven nylon fabric coated with PVC which completely obscures the underlying fabric. The poncho is approximately knee length with snaps on each side, an attached drawcord hood with a peak and a pouch pocket. The sample will be returned to you as per your request.

The applicable subheading for the poncho will be 6210.40.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Garments, made up of fabrics of heading 5602, 5603, 5906 or 5907: Other garments, of the type described in subheadings 6202.11 to 6202.19: Other: Other men's or boys' garments: Of man-made fibers: Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric." The rate of duty will be 6.1% ad valorem. The duty rate for 1999 wilbe 5.7% ad valorem.

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. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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