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NY M81033




March 14, 2006

CLA-2-61:RR:NC:TA:358 M81033

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0020; 6111.20.6070

Mary Bailey
Sears Holdings Corp.
Import Dept 733IMP; A3; 330A/A
3333 Beverly Road
Hoffman Estates, IL 60179

RE: The tariff classification of a cape/poncho from various countries

Dear Ms. Bailey:

In your letter dated March 8, 2006 you requested a classification ruling.

Submitted style WKH6G1071/T, manufactured from knitted fabric of 100% cotton, is a collared, circular, unfitted, pullover garment.

As you have requested, the sample garment is being returned.

When sized for infants the applicable subheading for this style will be 6111.20.6070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted, of cotton, other, other, other, other; and when sized for larger children it will be 6102.20.0020, HTSUS, which provides for girls’capes, cloaksand similar articles, knitted, other than those of heading 6104, of cotton, girls’. The duty rates will be 8.1 and 15.9 percent ad valorem, respectively.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

In infants’ sizes this garment falls within textile category designation 239 and in larger sizes within 335. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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