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NY J82031




March 25, 2003

CLA-2-61:RR:NC:TA: 359 J82031

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010

Ms. Diane Burgos
S.J. Stile Associates Ltd.
181 South Franklin Ave.
Valley Stream, NY 11581

RE: The tariff classification of woman’s poncho from China or Hong Kong

Dear Ms. Burgos:

In your letter dated March 11, 2003, on behalf of B.N.B. LLC, 209 W. 38th Street, NY, NY 10018, you requested a tariff classification ruling.

The submitted sample, style number 311/F03, is a woman’s triangular sleeveless poncho that is pulled over the wearer’s head. It covers the wearer’s elbows and it extends to slightly below her waist. The garment is constructed from 47% acrylic, 47% polyester, 4% wool, 2% other fibers, boucle knit fabric The poncho features a round neckline with a partial one button closure and a fringed bottom.

Your sample is being returned.

The applicable subheading for the poncho will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s 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 poncho falls within textile category designation 635. 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 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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