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NY H87549




February 12, 2002

CLA-2-62:RR:NC:3:353 H87549

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Mary Dykstra
Genesis Creative Group, Inc.
640 Three Mile Rd., NW
Grand Rapids, MI 49544

RE: The tariff classification of a promotional cape from China.

Dear Ms. Dykstra:

In your letter dated January 15, 2002 you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample is a unisex promotional cape composed of woven nylon fabric. The cape has an inflatable stand-up collar. The garment has a full front opening without a fastener and a logo on the back. The inflatable collar fits snug at the neck and is the way that the item remains on the body without a fastener. You state that the cape is a promotional item that will be for one time use at college football games. The cape will have the team logo.

The item is not classifiable within heading 9505. It is not festive, not a costume, and not a practical joke article. It is a promotional item.

The applicable subheading for the promotional cape will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for “ Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers, Other.” The duty rate will be 16.2% ad valorem.

The promotional cape falls within textile category designation 659. Based upon international textile trade agreements products of China 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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