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NY K88085




July 30, 2004
CLA-2-62:RR:NC:N3:360 K88085

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

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 20, 2004, you requested a classification ruling.

Five samples of similarly styled upper body garments, which you describe as ponchos, were submitted with your request. All of the samples are made from 100 percent polyester woven fabric and are designated as styles JA/FK99995, PG 99995, GR915, GR9003 and CF/CFS9016. Each garment has an opening in the center to go over the wearer’s head. With the exception of style GR9003, these garments have no arm openings and hang loosely from the shoulders reaching the waist and covering the elbows. Style GR9003 also is partially sewn at the sides but does not provide sufficient coverage to qualify as a blouse. Style JA/FK99995 also features fringe.

You have suggested classification for all five styles under subheading 6214.40.0000, HTS, as a scarf or shawl of artificial fibers. These styles do not qualify as scarves or shawls because they cover the elbows and waist.

The applicable subheading for all five styles will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers. The duty rate will be 16 percent ad valorem.

All five styles fall 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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