CLA-2-62:RR:NC:TA:357 I83903

Ms Rebecca Cheung
Federated Merchandising Group
11 Penn Plaza
New York, NY 10001

RE: The tariff classification of a ruana-type garment from China

Dear Ms. Cheung:

In your letter dated June 28, 2002, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style EWF024B328, is made from a woven velvet fabric lined with a satin weave silk fabric. The velvet fabric is composed of a base or ground fabric of silk and a rayon pile. The garment is approximately 56 inches in length and 36 inches in width and is rectangular in shape. There is a narrow U-shaped cutout starting at one end of the garment, extending approximately 29 inches into the center of the fabric. The U-shaped cutout allows the garment to be draped over the shoulders and around the neck forming two front panels with a full front opening.

In the case of garments consisting of a ground fabric and a pile surface, no account is taken of the ground fabric.

The applicable subheading for the garment 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. The duty rate will be 28.1 percent ad valorem.

This falls within textile category designation 635. Based upon international textile trade agreements products of China are subject to quota 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division