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NY K86380




June 8, 2004
CLA-2-61:RR:NC:TA:359 K86380

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010

Mr. William Ortiz
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of two women’s ponchos from Taiwan

Dear Mr. Ortiz:

In your letter dated May 20, 2004, on behalf of Cherry Stix Ltd., 1407 Broadway, Suite 1503, New York, NY 10018, you requested a tariff classification ruling.

The submitted sample, style number CS1377, is a woman’s triangular sleeveless poncho that is pulled over the wearer’s head. It covers the shoulders, the elbows and reaches below the waist. The poncho is constructed from 68% polyester, 32% cotton, knit fabric and features a V-neckline with shiny knit capping.

The submitted sample, style CS1302, is a woman’s triangular sleeveless poncho that is pulled over the wearer’s head. It covers the shoulders, the elbows and reaches below the waist. The poncho is constructed from 47% polyester, 28% nylon, 20% ramie, 5% spandex, knit fabric and features a woven pointed collar and a partial opening with 5 button closures.

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

Each poncho falls within textile category designation 635. Based upon international textile trade agreements products of Taiwan 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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