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NY E86319




September 24, 1999

CLA-2-62:RR:NC:WA:357 E86319

CATEGORY: CLASSIFICATION

TARIFF NO.: 6202.13.4020; 6206.40.3030

Mr. John Imbrogulio
Nordstrom
P.O. Box 870
Seattle, Washington 98111-0870

RE: The tariff classification of a woman’s poncho and a woman’s shirt from China

Dear Mr. Imbrogulio:

In your letter dated August 27, 1999, you requested a classification ruling.

Two samples were submitted as follows: Style number 6N3286 is a woman’s upper thigh-length poncho constructed of a woven 100% nylon fabric which has a polyurethane coating on the inner surface.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The poncho is a pullover garment with no opening at the neck. The poncho has a stand-up collar that crosses over in the front, a handwarmer pocket on the lower portion of the front panel, a straight cut bottom hem, and a full length opening on each side. On each side opening the front and back panels are secured on the edge by a few stitches. The garment hangs loosely from the shoulders and has no armholes.

Style number IN12371 is a woman’s shirt constructed of a woven 100% nylon fabric which has a polyurethane coating on the inner surface.

The coating is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.

The garment has a shirt-style pointed collar, long sleeves with shirt-style cuffs secured by two button closures and a full front opening secured by a double pull zipper closure. The garment also has two chest pockets with flap closures, two front darts and two back darts which give the shirt a slightly tailored fit and a straight cut hemmed bottom.

The samples are being returned to you as you have requested.

The applicable subheading for the poncho will be 6202.13.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for overcoats, other woman’s carcoats, capes, cloaks and similar coats: of man-made fibers: other. The duty rate will be 28.6 percent ad valorem.

The applicable subheading for the shirt will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for other: women’s blouses, shirts, and shirt-blouses: of man-made fibers: other. The duty rate will be 27.8 percent ad valorem.

The poncho falls within textile category designation 635. The shirt falls within textile category designation 641. 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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