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May 20, 1998

CLA-2-62:NEW:TCB1:I24 C87773


TARIFF NO.: 6201.13.4030

Mr. David J. Evan

Grunfeld, Desiderio, Lebowitz & Silverman LLP

245 Park Avenue 33RD Floor

New York, NY 10167-3397

RE: The tariff classification of a man's woven nylon poncho from the Philippines.

Dear Mr. Evan:

In your letter dated May 8, 1998, on behalf of your client, Tommy Hilfiger U.S.A., Inc., you requested a tariff classification ruling.

The sample submitted, style No. 5895, is a man's poncho constructed of 100 percent nylon woven fabric. The cape styled garment is a pullover which extends to below the waist. The garment is free hanging with no armholes. The garment features a permanently attached hood with an elasticized drawstring, a patch pocket on the front panel secured by velcro closures, and a partial front opening secured by a zipper closure. The garment is coated with 600mm polyurethane for water-resistance. The sample is being returned as requested.

The applicable subheading for the garment 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 rate of duty will be 28.8 percent ad valorem.

The garment falls within textile category designation 634. As a product of the Philippines this merchandise is currently subject to visa restrictions and quota restraints based upon international textile trade agreements.

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 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.


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