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NY E88315




November 2, 1999

CLA-2-61:RR:NC:TA:359 E88315

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.10.0000

Ms. Stacey L. Weinberg
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of two women’s ponchos from China and Taiwan

Dear Ms. Weinberg:

In your letter dated October 20, 1999, on behalf of American Eagle Outfitters, Inc., you requested a tariff classification ruling.

The submitted samples, styles 4630 and 4631, are two women’s sleeveless ponchos that are constructed from 100% wool, knit fabric. The outer surface of the garments measures less than 9 stitches per 2 centimeters in the horizontal direction. Style number 4630 extends from the shoulders to the waist and features a front and back center seam, a round neckline with a self-fabric adjustable chord, and a fringed bottom.

Style 4631 extends from the shoulders to below the waist and features a front and back center seam, a hood with a self-fabric tie closure, and a fringed bottom.

Your samples are being returned as requested.

The applicable subheading for the two ponchos will be 6102.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoatscapesand similar articles, knitted, other than those of heading 6104: of wool. The duty rate will be 62.1 cents/kg + 18.2% ad valorem.

The ponchos fall within textile category designation 435. Based upon international textile trade agreements products of China and Hong Kong are subject to quota 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 Mike Crowley at 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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