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NY K85236




May 25, 2004
CLA-2-61:RR:NC:TA:359 K85236

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.10.0000

Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
888 Seventh Avenue, Suite 4500
New York, NY 10106

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

Dear Mr. Zelman:

In your letter dated May 17, 2004, on behalf of Tahari, Ltd., 16 Bleeker Street, Milburn, NJ 07041, you requested a tariff classification ruling.

The submitted sample, style number RSW032, is a woman’s sleeveless triangular poncho that is pulled over the wearer’s head. It covers the shoulders and elbows and reaches below the waist. The poncho is constructed from 100% cashmere, 1x1 rib knit fabric and features a ribbed turtleneck, a kangaroo pocket on the middle front, and a straight bottom.

Your sample is being returned as requested.

The applicable subheading for 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 poncho falls within textile category designation 435. 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.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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