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NY E88684




November 17, 1999

CLA-2-62:RR:NC:WA:357 E88684

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.13.4020

Mr. Michael J. Hall
CSI International, Inc.
70 Jansen Avenue, Suite 206
Essington, PA 19029

RE: The tariff classification of a woman's packable poncho from China

Dear Mr. Hall:

In your letter received in this office on October 14, 1999, you requested a classification ruling.

The sample submitted, style name "DMI Poncho", is a poncho that extends to below the knee in length. In a phone conversation you indicated that the garment is a woman's and that it is constructed of a shell composed of a woven 100% nylon fabric and is lined with a knit 100% acrylic fabric.

The poncho is a pullover garment that has a slash-type boat neck-style opening at the neck that is secured on each shoulder by a "VELCRO"-type fastener. The garment has an integral hood with a drawcord tightening, hangs loosely from the shoulders and has no armholes. The poncho features a large pocket on the lower portion of the front panel. A flap with three "VELCRO" -type fasteners secures the pocket. The depth of the pocket extends to the garment's bottom hem. Sewn to the inside of the pocket is an adjustable textile fabric strap. The wearer can invert the pocket, fold the poncho into the pocket and secure it by the "VELCRO"-type fasteners on the flap. By folding the garment into the pocket it allows the wearer to pack and carry the poncho using the textile strap.

The sample is being returned to you.

The applicable subheading for the poncho 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.

The poncho falls within textile category designation 635. Based upon international textile trade agreements products of China 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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