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NY K89659




October 7, 2004

CLA-2-61:RR:NC:TA:359 K89659

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010

Ms. Maria E. Julia
Newport News Holding Corporation
711 3rd Avenue, 4th floor
New York, NY 10017

RE: The tariff classification of a woman’s knit poncho from China.

Dear Ms. Julia:

In your letter dated September 24, 2004, you requested a classification ruling.

The submitted sample, style S05-14-118, is made of 100% nylon mesh knit fabric with a flower that is permanently sewn on and made of the same fabric. The poncho features a wide v-shaped neck opening, covers the elbows and extends in a v-shape to a point just below the waist. The sample will be returned as you have requested.

The applicable subheading for style S05-14-118 will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for Woman’s or girls’ overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers and similar articles, knitted or crocheted, other than those of heading 6104: Of man-made fibers: Other: Other: Women’s. The duty rate will be 28.2% ad valorem.

Style S05-14-118 falls within textile category designation 635. Based upon international textile trade agreements products of China 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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