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NY F81888

February 22, 2000

CLA-2-62:RR:NC:WA:357 F81888


TARIFF NO.: 6202.13.4020

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
156 State Street
Boston, Massachusetts 02109-2508

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

Dear Mr. Lynch:

In your letter dated January 21, 2000, on behalf of Susan Bristol, Inc., you requested a classification ruling.

The sample submitted, Style number 1042904, is a woman's lower thigh-length poncho that is constructed of a woven 100% nylon fabric. In your letter you indicate that the garment has been treated for water resistance.

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

The poncho is a pullover garment. The poncho has an integral hood and a partial opening at the neck that is secured by a zipper closure. The garment is cut wide, hangs loosely from the shoulders to the bottom hem and has deep cut dolman sleeves that are fitted at the wrists. The garment has a straight cut bottom hem with two side seam vents and no tightening element. The poncho features a handwarmer pocket with two side zippers on the front panel and a large pocket with a reversible zipper pull closure on the back panel. Sewn to the inside of the back pocket are two elasticized straps with a plastic buckle. The wearer can invert the pocket, fold the poncho into the pocket and secure it within by the zipper closure. By folding the poncho into the pocket it allows the wearer to pack and carry the poncho by securing the straps around the waist.

The sample is being returned to you.

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 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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