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NY L87812




October 17, 2005

CLA-2-62:RR:NC:3:353 L87812

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Ms. Cheri Kalb
Caped Crusaders, LLC
13751 Barrington Drive
Dubuque, IA 52003

RE: The tariff classification of salon cape from China

Dear Ms. Kalb:

In your letter dated September 21, 2005, you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sampIe is a 50% nylon and 50% polyester woven salon cape. The cape features an overlaid textile fabric yoke coated with compact plastic and a back of the neck adjustable snap closure.

You have listed seven different fabric combinations for the cape. We assume the other garments are styled the same as the sample and are constructed from man-made fibers as follows: polyester, rayon, rayon/polyester/spandex blends, spandex/nylon blends, nylon/polyester/polyurethane blends and polyester/rayon taffeta blends. The classification will be the same as the sample.

The applicable subheading for the capes 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 duty rate will be 16 percent ad valorem.

The capes 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.

Your inquiry does not provide enough information for us to give a classification ruling on the classification of the nylon/spandex/ foil overlay blends. Your request for a classification ruling should include a sample and component value breakdown. Especially of the foil portion, is it metal or plastic? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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