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August 26, 1999

CLA-2-62:RR:NC:WA:357 E85191

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.13.4020

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street
New York, N.Y. 10004

RE: The tariff classification of a woman’s poncho from Hong Kong

Dear Ms. Cumins:

In your letter dated July 26, 1999, on behalf of your client, Junior Gallery Ltd., you requested a classification ruling.

The sample you submitted is as follows: Style number 11539M is a woman’s poncho constructed of a shell composed of a woven 100% polyester fabric which has a polyurethane coating. The garment is lined with a woven 100% polyester fabric.

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

The poncho has an integral hood with a drawcord tightening and a full front opening secured by four right-over-left button closures. The poncho hangs loosely from the shoulders, has no armholes and extends to the knee area. There are two front patch pockets located below the waist.

You also submitted two sketches and swatches for other styles. We require a sample of each garment as it will be imported into the U.S. in order to give a ruling on their classification.

The sample you submitted is being returned to you as you have requested.

The applicable subheading for the style number 11539M will be 6202.13.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for other women’s overcoats, carcoats, capes, cloaks and similar coats: of man-made fibers. The duty rate will be 28.6 percent ad valorem.

Style number 11539M falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 W. Raftery at 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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