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NY I89421




January 17, 2003

CLA-2-61:RR:NC:TA: 359 I89421

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010

Ms. Jacquelyn Pepe
Pepe-Reiss Manufacturing Co., LLC
32 West 39th Street – 11th Floor
New York, NY 10018

RE: The tariff classification of a unisex cape from Vietnam and China

Dear Ms. Pepe:

In your letter dated January 1, 2003, you requested a tariff classification ruling.

The submitted sample, style number JP-207, is a unisex sleeveless cape that is worn over the wearer’s shoulders for warmth. The garment is constructed from 100% polyester fleece knit fabric. It extends from the shoulder to the waist and covers the elbows. The cape features a mock collar, a full front opening with a Velcro closure that extends from the neck to the chest area, side slits, and a hemmed bottom.

Your sample is being returned.

The applicable subheading for the cape will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for overcoatscapesand similar articles, knitted, other than those of heading 6104: of man made fibers: other: other: women’s. The duty rate will be 28.4% ad valorem.

The cape falls within textile category designation 635. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Products of Vietnam are neither subject to quota nor 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 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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