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NY K86091




June 9, 2004
CLA-2-61:RR:NC:TA:359 K86091

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010

Mr. Wheijen Lee
ClearFreight Inc.
880 Apollo Street, Suite 101
El Segundo, CA 90245

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

Dear Mr. Lee:

In your letter dated May 10, 2004, you requested a classification ruling on behalf of Linkvox, Inc., La Puente, California. In your letter you refer to four style numbers but have enclosed only one sample. We are able to issue a ruling only for the enclosed sample. As requested, your sample is being returned to you.

Your sample, style S520, is a woman’s poncho constructed from 75% acrylic, 15% polyester, 5% nylon, 5% wool knit fabric. The garment is pulled over the wearer’s head and it features a round neckline. It is finished with fringe and it covers the elbows and extends below the waist.

The applicable subheading for the poncho will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ overcoats, carcoats, capes.and similar articles, knitted or crocheted, other than those of heading 6104: of man-made fibers: other: other: women’s. The duty rate will be 28.2% ad valorem.

The poncho 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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