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NY K84773




May 3, 2004
CLA-2-61:RR:NC:TA:359 K84773

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.10.0000; 6117.10.1000

Mr. Djibril Makalou
Ann Taylor
1372 Broadway, 5th Floor
New York, NY 10018

RE: The tariff classification of two women’s garments from Hong Kong

Dear Mr. Makalou:

In your letter dated April 9, 2004 you requested a tariff classification ruling.

You submitted two samples, style 27-113348 is a woman’s sleeveless capelet that is constructed from 70% lambswool, 20% angora, 10% nylon, openwork hand crochet fabric. It features no shoulder opening, a full front opening secured with a grosgrain ribbon placed at the front as a means of tightening. The garment does not cover the elbows and only covers the top half of the back.

Style 27-113349 is a woman’s sleeveless cape that is worn over the wearer’s shoulders for warmth. The cape is constructed from 45% wool, 25% alpaca, 30% acrylic, knit fabric. It extends from the shoulder to the waist and covers the arms. The cape features a drawstring hood with pom poms, a full front opening with no means of closure, oval shaped openings in the front in the waist area for the hands to be shown, and a ribbed bottom edge.

Your samples are being returned as requested.

The applicable subheading for style 27-113348, the capelet, will be 6117.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories, knitted or crocheted: knitted or crocheted parts of garments or of clothing accessories: shawls, scarves, mufflers, mantillas, veils and the like: of wool or fine animal hair. The rate of duty will be 9.6% ad valorem.

The subheading for style 27-113349, the cape, will be 6102.10.0000, which provides for women’s overcoatscapesand similar articles, knitted, other than those of heading 6104: of wool or fine animal hair. The rate of duty will be 55.9 cents/kg+16.4% ad valorem.

The capelet falls within textile category designation 459. The cape falls in 435. Based upon international textile trade agreements category 459 from Hong Kong is neither subject to quota nor the requirement of a visa. Category 435 is subject to quota and visa requirements.

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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