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NY N014149

July 19, 2007



TARIFF NO.: 6102.10.0000

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of two women’s cape-like garments from China.

Dear Mr. Hoffacker:

This letter replaces ruling number N012786 that was issued to you on July 6, 2007. In your ruling request you stated the garments as styles 747292 and 747291. In your facsimile dated July 12, 2007, you have informed us that the correct style numbers are 749292 and 749291. Please see corrections below.

In your letter dated June 11, 2007, on behalf of Revue LLC, 512 7th Avenue, New York, NY 10018, you requested a classification ruling. Your samples are being returned as requested.

The submitted samples, style 749292 and 749291, are two women’s garments that are similar to capes. They are constructed from 100% boiled wool knit fabric. The garments extend below the waist and are normally worn over other garments for warmth and protection from the weather. The garments feature pointed collars, full front openings with 5 snap closures, and 2 front slant inset pockets in the waist area. The sides extending from the shoulder areas to the bottom are open with the exception of a button closure (in the elbow area) that may simulate a sleeve. The sides may be worn opened or buttoned. The collar and the bottom edges of style 749292 are finished with woven wool fabric. Style 749291 has self fabric facing sewn to the bottom of the garment edges.

The applicable subheading for styles 749292 and 749291 will be 6102.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s capesand similar articles, knitted, other than those of heading 6104: of wool or fine animal hair. The duty rate will be 55.9 cents/kg + 16.5% ad valorem.

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/.

Styles 749292 and 749291 fall within textile category 435. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Francine Vivona-Brock at 646-733-3049.


Robert B. Swierupski

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