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NY K87068




July 7, 2004
CLA-2-61:RR:NC:3:353 K87068

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010, 6117.10.2030

Ms. Sophia Spoltore
Milgram Freight Services Ltd.
407 McGill St., Suite 500
Montreal Canada H2Y 2G7

RE: The tariff classification of a poncho and shawl-like items from China and Korea.

Dear Ms. Spoltore:

In your letter dated June 9, 2004 you requested a classification ruling.

The submitted samples are a poncho and shawl-like items. Styles 2422 and 2368 are made of knit acrylic fabric. Style 9023 is made of knit rayon fabric.

Style 2422 is a poncho that falls below the waist and extends below the elbow. The poncho is designed with a turtleneck, fringe at the bottom and no opening for the arms.

Style 2368 is a shawl-like item that does not touch the waist and doesn’t extend to the elbow. The item has a turtleneck and fringe at the bottom.

Style 9023 is a shawl-like item that falls just below the waist but does not extend to the elbows. The item has fringe at the bottom and a boat neckline.

The applicable subheading for style 2422 will be 6102.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for “Overcoatscapesand similar articles, knitted, other than those of heading 6104: Of man made fibers: Other: Other: Women’s.” The duty rate will be 28.2% ad valorem. The textile category is 635.

The applicable subheading for styles 2368 and 9023 will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other made up clothing accessories, knitted or crocheted; Shawls, scarves, mufflers, mantillas, veils and the like: Of man-made fibers, Other." The duty rate will be 11.3% ad valorem.

Based upon international textile trade agreements for the poncho, style 2422 products of China and Korea are subject to quota and the requirement of a visa. Styles 2368 and 9023 are not subject to quota and a requirement of 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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