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NY I89317

January 7, 2003

CLA-2-62:RR:NC:WA:357 I89317


TARIFF NO.: 6202.13.4020

Mr. Philip Basile
Marcus Brothers Textiles, Inc.
980 Ave of The Americas
New York, N.Y. 10018

RE: The tariff classification of a woman’s cape from Indonesia

Dear Mr. Basile:

In your letter dated December 17, 2002, you requested a classification ruling.

The sample submitted, style number 32311, is a woman’s cape constructed of a shell composed of a woven plaid 100% acrylic fabric. The cape is of a square shape and measures approximately 42-3/4 inches in length and width. The cape has a narrow U-shape cutout on one corner of the garment that extends approximately 29-1/2 inches in length into the center of the fabric. The U-shape cutout allows the cape to be worn around the neck and draped over the shoulders forming two front panels with a full front opening. The front opening is secured by a button and loop closure at the neck. The cape has a ribbed-knit capping fabric around the neck area and a woven binding fabric surrounding the entire outer edge.

The sample is being returned to you as you have requested.

The applicable subheading for the cape 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 27.9 percent ad valorem.

The cape falls within textile category designation 635. Based upon international textile trade agreements products of Indonesia 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 646-733-3047.


Robert B. Swierupski

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