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NY K85127




May 14, 2004
CLA-2-61:RR:NC:TA:359 K85127

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.10.0000; 6102.30.1000; 6117.10.6010

Mr. Salvatore LoBello
T.H. Weiss, Inc.
2 Johnson Road
Lawrence, New York 11559

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

Dear Mr. LoBello:

In your letter dated April 13, 2004, on behalf of Silk City, c/o Elizabeth Gillet Ltd., 237 West 35th Street, NY, NY 10001, you requested a tariff classification ruling.

You submitted three samples of women’s garments. Style TARA SK0403-11 is a woman’s rectangular sleeveless poncho that is pulled over the wearers’ head. It is constructed from 100% wool, crochet fabric. The poncho covers the elbows and reaches the waist. The poncho features a V-neckline.

Style NIKKA SK1403-3 is a sleeveless cape that is worn over the shoulders. It covers the arms and reaches below the waist. It is constructed from 50% mohair, 30% nylon, 20% acrylic, openwork crochet fabric. The cape features a fold down collar with a permanently attached self-fabric flower and a one-button loop closure.

Style SM114A is a sleeveless triangular capelet that is pulled over the wearers’ head. It is constructed from 100% cotton, jersey knit fabric and crochet fabric. The capelet neither covers the elbows nor reaches the waist. The garment features a V-neckline. The neckline, the shoulders, and the edges are made from openwork crochet fabric. The edges are also finished with fringes.

Your samples are being returned as requested.

The applicable subheading for style TARA SK0403-11, the poncho, will be 6102.10.0000, Harmonized Tariff Schedule of the United States (HTS), 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 subheading for style NIKKA SK0403-3, the cape, will be 6102.30.1000, which provides for women’s overcoatscapesand similar articles, knitted, other than those of heading 6104: of man made fibers: other: containing 23 percent or more by weight of wool or fine animal hair. The rate of duty will be 64.4 cents/kg+18.8% ad valorem.

The subheading for style SM114A, the capelet, will be 6117.10.6010, which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: shawls, scarves, mufflers, veils and the like: of cotton. The rate of duty will be 9.5% ad valorem.

The capelet is not subject to quota or the requirement of a visa.

The poncho and the cape fall within textile category designation 435. Based upon international textile trade agreements products of 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.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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