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NY L81036




December 20, 2004

CLA-2-62:RR:NC::N3:360 L81036

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

John A. Schoenig
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue – 25th Floor
New York, NY 10022-4877

RE: The tariff classification of women’s poncho-like garments from China

Dear Mr. Schoenig:

In your letter dated November 23, 2004, you requested a classification ruling on behalf of Amiee Lynn Inc. The samples submitted with your request will be returned as requested.

Three styles of poncho-like upper body garments were submitted with your request, styles 23-2802, 23-2802X and 47-2802PP. All three garments are constructed of 100 percent acrylic woven fabric. The pullover garments feature an opening in the center to go over the wearer’s head. The garments have no armholes and hang loosely from the shoulders, reaching the waist and covering the elbows. The garments are constructed of lightweight fabric that does not provide protection from the elements.

The applicable subheading for styles 23-2802, 23-2802X and 47-2802PP 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, other. The duty rate will be 16 percent ad valorem.

Styles 23-2802, 23-2802X and 47-2802PP fall within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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