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NY K86015




June 1, 2004
CLA-2-61:RR:NC:TA: 359 K86015

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010

Ms. Melba R. Dairo
Federated Merchandising Group
11 Penn Plaza
New York, New York 10001

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

Dear Mr. Dairo:

In your letter dated May 6, 2004, you requested a classification ruling. As requested, your sample is being returned to you.

Your sample, style 49440, is a sleeveless cape that is worn over the shoulders. It covers the arms and reaches below the waist. It is constructed from 36% acrylic, 34% cotton, 20% nylon and 10% mohair knit fabric. The cape features a round collar and a three-button front closure.

The applicable subheading for the cape will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104. The duty rate will be 28.4% ad valorem.

The cape falls within textile category designation 635. Based upon international textile trade agreements this product from China is subject to quota and requires 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.customs.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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