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NY N019205




November 1, 2007

CLA-2-62:OT:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.1020

Mr. Fernando Ramos
Avon Products Incorporated
1251 Avenue of the Americas
New York, NY 10020-1196

RE: The tariff classification of a children’s poncho style beach robe from China.

Dear Mr. Ramos:

In your letter dated October 24, 2007, you requested a classification ruling. The submitted sample will be returned to you.

The sample, Style PP 1060245, is described as a “Children’s MLB™ Hoodie Towel Poncho.” It is a poncho style beach robe constructed from terry cotton woven fabric. The one-piece rectangular garment has a circular cutout at the center of the rectangle into which is sewn a hood. You propose classifiable in subheading 6108.91.0040. That is not possible because the fabric construction is woven.

The applicable subheading for the beach robe, Style PP 1060245 will be 6208.91.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: bathrobes, dressing gowns and similar articles: girl’s. The duty rate will be 7.5 percent ad valorem.

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/.

Cotton beach robes fall within textile category 350. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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