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NY K89072




September 27, 2004

CLA-2-61:RR:NC:3:353 K89072

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055, 6117.10.2030

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Ave.
Philadelphia, PA 19153

RE: The tariff classification of a poncho and capelets/shawls from India and China.

Dear Mr. Hoffacker:

In your letter dated August 30, 2004 you requested a classification ruling. The samples will be returned to you as requested.

Three samples were submitted with your request. Style 429838 is a poncho made of open work crocheted rayon fabric. The item is designed with open sides and armholes with fringe along the bottom.

Style 30L506 is a capelet/shawl made of 100% acrylic fabric. The item does not reach the waist and has no opening at the front or back. The shawl also features a turtleneck collar.

Style 184972 is a shawl made of knit rayon /cotton blend. You state that the rayon will be the majority by weight. The item does not cover the elbows and has fringe at the bottom. The shawl has no opening at the front or back.

The applicable subheading for style 429838 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for “Sweaters, pulloversknitted or crocheted: Of man made fibers: Other: Other: Other, Other: Other: Women’s or girls’.” The duty rate will be 32% ad valorem. The textile category designation is 639.

The applicable subheading for styles 30L506 and 184972 will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories, knitted or crochetedShawls, scarvesOf man-made fibers, Other." The duty rate will be 11.3% ad valorem.

Based upon international textile trade agreements products of India for style 429838 are subject to quota and the requirement of a visa. There are no quota or visa requirements for styles 30L506 and 184972 for the countries India or China.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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