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NY 857566


NOV 19 1990

CLA-2-62:S:N:N3I:357 857566

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.13.4030

Mr. Richard Pencak
Export-Import Services, Inc.
900 Route 9
Woodbridge, N.J. 07095

RE: The tariff classification of a man's poncho from China

Dear Mr. Pencak:

In your letter dated October 25, 1990, on behalf of USA Classic, Inc., Riddell Division, you requested a classification ruling.

The sample submitted, style number KW004, is a man's calf- length poncho constructed of a woven 100 percent nylon oxford fabric which you state is coated with 600mm milky polyurethane.

The milky coating does not change the surface character of the garment, therefore HTS 6210 does not apply.

The poncho is a pullover garment with an attached hood secured by a drawstring. The garment is free hanging from the shoulders with no armholes.

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

The applicable subheading for the poncho will be 6201.13.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's overcoats, carcoats, capes, cloaks and similar coats, of man-made fibers. The duty rate will be 29.5 percent ad valorem.

The poncho falls within textile category designation 634. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories 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 you 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 your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

:n

Sincerely,

Jean F. Maguire
Area Director

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