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NY M86871




October 20, 2006

CLA-2-62:RR:NC:WA:357 M86871

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.30.5000

Ms. Sherry Sampson
Blair Corporation
Merchandise Procurement Division
220 Hickory Street
Warren, Pennsylvania 16366-0001

RE: The tariff classification of a woman’s rain cape from Malaysia

Dear Ms. Sampson:

In your letter dated September 19, 2006, you requested a classification ruling.

The sample submitted, Product number 48937, Code number INCC70, “Ladies Nylon Rain Cape,” is a woman’s thigh-length rain cape constructed of a shell composed of a woven 100% nylon fabric that has a visible polyurethane coating on the inner surface. The cape is lined in the hood and has a 1-1/2 inch strip of lining fabric surrounding the edges of the garment. The lining fabric is also coated with a visible polyurethane.

The cape has an integral hood with a drawcord tightening and a full front opening secured by a zipper closure that extends to the chin area. The cape has no armholes, hangs loosely from the shoulders to the bottom hem and has a snap closure on each side opening that secures the front and rear panels together, forming a sleeve for the wearer. The garment has two front pockets below the waist.

The sample is being returned to you as you have requested.

The applicable subheading for the rain cape will be 6210.30.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other garments, of the type described in subheadings 6202.11 to 6202.19: Of man-made fibers: Other. The duty rate will be 7.1 percent ad valor.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The cape falls within textile category 635. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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