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NY K85254




May 28, 2004
CLA-2-61:RR:NC:3:353 K85254

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.10.2030

Mr. Kevin Maher
Cair
181 South Franklin Ave.
Valley Stream, NY 11581

RE: The tariff classification of a poncho-like garment (capelet) from Korea.

Dear Mr. Maher:

In your letter dated May 17, 2004, on behalf of BY design LLC, you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style BD 2004 is a ladies poncho-like garment (capelet) composed of knit 100% polyester fabric. The item reaches only to the middle of the upper torso and the elbows are exposed. The poncho has fringe around the bottom and a V neckline at the front.

The applicable subheading for the poncho-like garment (capelet), style BD 2004 will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories, knitted or crocheted;Shawls, scarves, mufflers, mantillas, veils and the like: Of man-made, Other." The duty rate will be 11.3% ad valorem

Based upon international textile trade agreements products of Korea are not 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 Textile Status Report for Absolute Quotas, which is available at our 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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