CLA-2-62:RR:NC:3:353 L82042

Mr. Stephen M. Zelman
888 Seventh Avenue
Suite 4500
New York, NY 10106

RE: The tariff classification of a silk capelet from China.

Dear Mr. Zelman:

In your letter dated January 26, 2005, on behalf of Elie Tahari, Ltd., you requested a tariff classification ruling. As requested, the item will be returned to you.

The submitted sample style no. G88OK505 is a woven 100% silk capelet. The sheer lightweight garment fits over the head through a center slit. The article has no collar or means of closure. It covers the shoulders and the upper portion of the wearer’s arms. It does not cover the elbows or reach the wearer’s waist.

The applicable subheading for Style G88OK505 will be 6217.10.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212; Accessories: containing 70 percent or more by weight of silk or silk waste, other. The rate of duty will be 2.3 percent ad valorem.

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 646-733-5053.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division