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NY K88685




August 23, 2004

CLA-2-62:RR:NC:N3:360 K88685

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Mr. Rodney Ralston
UPS Supply Chain Solutions
One Trans-Border Drive
Champlain, NY 12919

RE: The tariff classification of a woman's poncho-like garment from China or Hong Kong

Dear Mr. Ralston:

In your letter dated August 12, 2004, you requested a tariff classification ruling on behalf of Como Inc.

The submitted sample, style F1756, is a woman’s poncho-like garment constructed from 97 percent polyester and 3 percent spandex woven fabric. The garment is triangular in shape with an opening for the head. The garment extends below the waist, covers the elbows and is open on the sides.

The applicable subheading for style F1756 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: other. The rate of duty will be 16 percent ad valorem.

Style F1756 falls within textile category designation 659. Based upon international textile trade agreements products of China or Hong Kong are currently 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.).

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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