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HQ 085963

February 9, 1990

CLA-2 CO:R:C:G 085963 CC


TARIFF NO.: 6202.11.0010

Ms. Doreen Wai
Second Secretary
Hong Kong Economic & Trade Affairs Office British Embassy
1233 20th Street, N.W., Suite 504
Washington, D.C. 20036

RE: Classification and textile category for a women's woven cape

Dear Ms. Wai:

This letter is in response to your inquiry of November 1, 1989, on behalf of Carmelo Pomodoro, requesting the tariff classification and textile category designation for a women's woven cape. A sample was submitted for examination.


The submitted sample is a women' reversible woven cape in the form of a continuous circular piece of material, with a radius of 32 inches. The cape is made of a blend of 70 percent wool, 20 percent cashmere, and 10 percent nylon woven fabric.


What is the proper tariff classification and textile category designation of the submitted sample under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?


Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Heading 6202, HTSUSA, provides for women's capes that are not knitted or crocheted, among other articles. The submitted sample is a women's woven cape and is classifiable in this heading. The applicable subheading for the submitted merchandise is 6202.11.0010, HTSUSA, which has textile category designation 435.

You state that the established practice has been to assign to merchandise similar to the submitted sample textile category 459, which is the textile category designation that the submitted sample should have.

The HTSUSA replaced the Tariff Schedules of the United States (TSUS) as our statutory tariff schedule on January 1, 1989, pursuant to the enactment of the Omnibus Trade and Competitiveness Act of 1988, 1204(c), 19 U.S.C.A. 3004 (c) (West Supp. 1989). Although implementation of the HTSUSA was intended to be, to the extent practicable, duty and quota neutral, some changes were unavoidable when converting from our previously national TSUS to the HTSUSA. It appears that the submitted sample is one of those articles in which implementation of the HTSUSA resulted in a change in the textile category designation.

If you have further questions concerning textile visa and quota requirements for the submitted sample, you may write the United States Department of Commerce, Committee for the Implementation of Textile Agreements, at the following address:

Committee for the Implementation of Textile Agreements
U.S. Department of Commerce, Room 3001
Washington, D.C. 20230


The submitted sample is classified under subheading 6202.11.0010, HTSUSA, which provides for articles of apparel and clothing accessories, not knitted or crocheted, women's or girls' overcoats, carcoats, capes, cloaks and similar coats, of wool or fine animal hair, women's. The rate of duty is 46.3 per kilogram plus 21 percent ad valorem, and the textile category is 435.

The sample is being returned under separate cover.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that the importer check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at the local Customs office.


John Durant, Director

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