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NY J84022




May 28, 2003

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010

Ms. Lesa R. Hubbard
J.C. Penney Purchasing Corp.
6501 Legacy Drive
Plano, Texas 75024-3698

RE: The tariff classification of a woman’s cape from China

Dear Ms. Hubbard:

In your letter dated May 1, 2003, you requested a classification ruling. As requested, your sample is being returned to you.

Your sample, style #RA193, is a woman’s cape constructed from 100% polyester knit fabric that is napped on both sides. The garment extends from the shoulder to the mid-thigh area and has no means of closure. The garment is finished with faux fur trim.

In your ruling request, you recommended classification of the submitted garment under HTS 6117.10.2030, however, the garment is not similar to the terms of the headings found in 6117.

The applicable subheading for the cape will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets).knitted or crocheted, 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.

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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