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NY E89016

December 14, 1999

CLA-2-62:RR:NC:WA:357 E89016


TARIFF NO.: 6202.13.4020

Ms. Graciela DeAlcon
Wal Mart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of a woman's reversible poncho from Hong Kong

Dear Ms. DeAlcon:

In your letter dated November 11, 1999, you requested a classification ruling.

The sample submitted is a woman's reversible square shaped poncho. One side of the poncho is constructed of a shell composed of a woven 100% nylon fabric that has a 600mm polyurethane coating on the inner surface. The other side is constructed of a woven 100% polyester fabric. In a phone conversation you indicated that the garment's style number is CA611079.

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

The poncho is a pullover garment with a partial opening at the neck that is secured by a reversible zipper pull closure. The garment has an integral hood with a drawcord tightening, hangs loosely from the shoulders and has no armholes. Both sides of the garment feature a zippered pouch pocket.

The sample is 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 other women's overcoats, carcoats, capes, cloaks and similar coats: of man-made fibers. The duty rate will be 28.6 percent ad valorem. The duty rate for the year 2000 will be 28.4 percent ad valorem.

Please note that the Customs Service has ruled that country of origin marking on reversible outerwear garments by means of a sewn-in label in one of the pockets and an additional hangtag affixed through the neck with a plastic anchor meets the marking requirements provided the label and hangtag are legibly, conspicuously and permanently marked in accordance with Section 304 TA (19 U.S.C. 1304) and 19 CFR Part 134.

Textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings.

The poncho falls within textile category designation 635. Based upon international textile trade agreements products of Hong Kong 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.


Robert B. Swierupski

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