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NY F86457





May 15, 2000

CLA-2-62:RR:NC:WA:357 F86457

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.13.4020; 6202.92.2061

Mr. Douglas H.K. Lancaster
International News
19226 70th Avenue So.
Kent, WA 98032

RE: The tariff classification of a woman's poncho and a woman's jacket from Hong Kong or China

Dear Mr. Lancaster:

In your letter dated April 25, 2000, you requested a classification ruling.

Two samples were submitted as follows: Style number F0007-01 is a woman's poncho that extends to the mid-thigh area and is constructed of a shell that is composed of a woven honeycomb ripstop 100% nylon fabric.

The poncho is a pullover garment that has an integral hood with a drawcord tightening and a partial opening at the neck that is secured by a zipper closure. The poncho is cut wide and hangs loosely from the shoulders to the bottom hem. The poncho's front and back panels are stitched together on each side seam leaving an 8-inch opening at the top that is secured by a drawcord. The garment's front and back panels are also attached by additional stitching that extends into the body of the garment from each side seam, along the lower length of each arm to under the armhole and down the length of the torso to the bottom hem. The stitching that extends along the lower length of each arm forms a loose sleeve that is secured at the wrist by the drawcord on the side seam. The garment has a mesh grommet under each armhole that is used for ventilation. The poncho features the "Alphanumeric" trademark and logo on the left chest and on the rear panel.

Style number F0005-01 is a woman's hip-length pullover jacket. The jacket is constructed of a shell composed of a woven honeycomb ripstop 100% cotton fabric. The jacket has an integral hood with a drawcord tightening and a partial opening at the neck that is secured by two side zippers. The front portion of the garment's collar between the two side zippers can be folded over and secured by two snaps. The jacket has a handwarmer pocket on the lower portion of the front panel, long sleeves that are secured by a tab with a "VELCRO"-type fastener on the cuffs and a straight-cut bottom hem. A textile label with the "Alphanumeric" trademark is sewn onto the left side of the handwarmer pocket.

In a phone conversation you indicated that neither garment has a coating application.

The samples are being returned to you as you have requested.

The applicable subheading for style number F0007-01 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 28.4 percent ad valorem.

The applicable subheading for style number F0005-01 will be 6202.92.2061, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's anoraks, windbreakers and similar articles: of cotton. The duty rate will be 9.1 percent ad valorem.

Style number F0007-01 falls within textile category designation 635. Style number F0005-01 falls within textile category designation 335. Based upon international textile trade agreements products of Hong Kong or 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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