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NY K87408





July 14, 2004
CLA-2-61:RR:NC:WA:359 K87408

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.10.0000

Mr. Anthony LoPresti
S.J. Stile Associates LTD
181 South Franklin Ave.
Valley Stream, NY 11581

RE: The tariff classification of a woman’s cape from Hong Kong

Dear Mr. LoPresti:

In your letter dated July 1, 2004, on behalf of Elie Tahari, 16 Bleeker Street, Millburn, NJ 07041, you requested a tariff classification ruling.

The submitted sample, style RKT040, is a woman’s sleeveless cape that is worn over the wearer’s shoulder for warmth. The cape is constructed from 100% cashmere, pointelle knit fabric. It covers the elbows and extends from the shoulders to the waist in the back and from the shoulders to below the waist in the front. The garment features a V-neckline and a full front opening with 8 pearl button closures.

The applicable subheading for the cape will be 6102.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s capesand 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 cape falls within textile category designation 435. Based upon international textile trade agreements products of Hong Kong 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 Camille Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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