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NY K84215




April 2, 2004
CLA-2-61:RR:NC:TA:359 K84215

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.90.9030

Ms. Angela Tabick
Classic Custom Brokers, Corp.
Cargo Building #80, Room 205
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of two women’s ponchos from India

Dear Ms. Tabick:

In your letter dated March 9, 2004, on behalf of 52 Weekends, you requested a tariff classification ruling.

You submitted two samples of women’s triangular sleeveless ponchos that are constructed from 55% ramie, 45% cotton, knit fabric. The ponchos are pulled over the wearer’s head and they cover the elbows. Style 010810 features a V-neckline and fringed edges in the front. The front of the garment extends below the waist. The back of the garment extends to the waist.

Style 020360 features a round neckline with fringed edges. The poncho does not cover one arm and one side. It extends below the waist in the front and the back and one side, and covers one arm.

The applicable subheading for each poncho will be 6102.90.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s overcoatscapesand similar articles, knitted, other than those of heading 6104: of other textile materials: other: other. The rate of duty will be 5.7% ad valorem.

Each poncho falls within textile category designation 835. Based upon international textile trade agreements products of India 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.cbp.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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