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NY K89439




September 27, 2004

CLA-2-62:RR:NC:N3:360 K89439

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Janice Sarmiento
McNaughton Apparel Group Inc.
498 Seventh Avenue
9th Floor
New York, NY 10018

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

Dear Ms. Sarmiento:

In your letter dated September 3, 2004, you requested a tariff classification ruling on behalf of Norton. The submitted sample will be returned to you as requested.

Style 9Z9YTC is a woman’s poncho-like garment constructed from 100 percent polyester woven fabric. The garment is triangular in shape and features an opening for the head and covers the shoulders and extends to the waist. The garment is open on the sides.

The applicable subheading for style 9Z9YTC 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 9Z9YTC falls within textile category designation 659. Based upon international textile trade agreements products of China, Bangladesh, Hong Kong and Indonesia are currently subject to quota restraints 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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