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NY K88083




July 30, 2004
CLA-2-62:RR:NC:N3:360 K88083

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1090

Srini Parvathaneni
Tramp
1407 Broadway - Suite 517
New York, NY 10018

RE: The tariff classification of women’s upper body garments from India

Dear Ms. Parvathaneni:

In your letter dated July 21, 2004, you requested a classification ruling.

The submitted sample, style BA925, is a women’s upper body garment made from 100 percent silk woven printed fabric. The pullover garment, which you describe as a poncho, has an opening in the center to go over the wearer’s head. The garment has no armholes and hangs loosely from the shoulders, reaching the waist and covering the elbows.

You have suggested classification of this style under subheading 6212.50.000, HTS, as a scarf. This number does not exist in the tariff. The garment does not qualify as a scarf or shawl because it covers the elbows and waist.

The applicable subheading for style BA925 will be 6211.49.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of other textile materials: containing 70 percent or more by weight of silk or silk waste, other. The duty rate will be 1.2 percent ad valorem.

Style BA925 falls within textile category designation 659. Based upon international textile trade agreements products of India 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 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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