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NY F85565

May 4, 2000

CLA-2-62:RR:NC:3:353 F85565


TARIFF NO.: 6217.10.9530

Mr. William F. Sullivan
MSAS Global Logistics Inc.
248-06 Rockaway Blvd.
Jamaica, NY 11422

RE: The tariff classification of a “capelet” from Taiwan.

Dear Mr. Sullivan:

In your letter dated April 14, 2000, on behalf of Newport News, Inc., you requested a classification ruling. The sample submitted with the ruling request will be returned to you.

The submitted sample is called a Style Number F00-02-137 Ladies tie-front capelet constructed of woven 100% polyester sateen fabric. The “capelet” covers only the shoulders and is cut and shaped in an oval pattern to flatter the shoulders. It features two layers and self-fabric ties measuring approximately 18-inches each that are pictured in a photograph as being fixed into a bow to secure the item to the person. The item will be sold as a separate accessory to a dress.

The “capelet” covers only the shoulders and is not designed to be worn as wearing apparel, but rather as an item that enhances the appearance of a dress. The “capelet” is considered a clothing accessory. The item is not considered a shawl, which is generally square, triangular or oblong in shape and does not feature self-fabric ties.

The applicable subheading for the Style Number F00-02-137 Ladies tie-front “capelet” clothing accessory will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other, Of man-made fibers.” The duty rate will be 15% ad valorem..

The Style Number F00-02-137 Ladies tie-front “capelet” falls within textile category designation 659. Based upon international textile trade agreements products of Taiwan are subject to quota 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 Kenneth Reidlinger at 212-637-7084.


Robert B. Swierupski

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