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NY G86292

January 31, 2001

CLA-2-62:RR:NC:WA:357 G86292


TARIFF NO.: 6210.30.5000

Mr. Ralph M. Navedo
Union-Transport, USA
39 Broadway, 29th Floor
New York, N.Y. 10006

RE: The tariff classification of a woman's poncho and carry bag from Taiwan; Visibly Coated

Dear Mr. Navedo:

In your letter dated January 2, 2001, on behalf of Echo Design Group, Inc., you requested a classification ruling.

The sample submitted, style number 32181, is a woman's lower thigh-length rainwear poncho constructed of a shell that is composed of a woven 100% nylon fabric which has a visible 50% acrylic/50 % polyurethane coating on the outer surface.

The coating does not completely obscure the underlying nylon fabric.

The poncho is a pullover garment that has an integral hood with a drawcord tightening. The poncho is rectangular in shape with rounded edges on the corners, has no armholes and hangs loosely from the shoulders to the bottom hem. The garment has a handwarmer pocket in the center portion of the front panel.

Imported with the poncho is a carry bag composed of the same color and fabric construction as the garment. The bag measures approximately 9 inches in width and 10-1/2 inches in length and is essentially flat when empty. The bag has two self-fabric wrist straps and an opening at the top that is secured by a drawcord tightening. The bag also has a sewn-on textile label on the front panel that features the "Echo" logo. When the poncho is not worn it can be folded into the bag and carried by the wrist straps.

The Customs Service has previously ruled that similar bags imported and sold with garments of this type are composite goods with the essential character imparted by the garments. Such is the case with this combination. Consequently, the bag is not regarded as a separate item for duty or quota purposes.

The sample is being returned to you.

The applicable subheading for the poncho will be 6210.30.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other garments, of the type described in subheadings 6202.11 to 6202.19: of man-made fibers: other. The duty rate will be 7.2 percent ad valorem.

The jacket falls within textile category designation 635. Based upon international textile trade agreements products of Taiwan 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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