CLA-2-62:PD:A:TC:I:I04 C84080

Melba R. Dairo
Federated Merchandising Group
1440 Broadway
New York, New York 10018

RE: The tariff classification of a woman's cape from Italy

Dear Ms. Dairo:

In your letter dated February 3, 1998, you requested a tariff classification ruling.

The submitted sample, which you state will be imported under style number 129 and style number 130, is a woman's cape. The garment is manufactured from 100 percent acrylic woven fabric. The cape is designed to drape around the neck to cover the shoulders and the body. The front of the cape extends to the mid-thigh area, and the back of cape extends to the calf area. Fringe decorates the front and the rear of the cape. The submitted sample will be returned under separate cover.

The applicable subheading for the cape will be 6202.13.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for overcoats, carcoats, capes, cloaks, and similar coats: of man-made fibers: other: other: other: women's. The rate of duty will be 28.8 per cent ad valorem.

The cape falls within textile category designation 635. As a product of Italy, the garment is neither subject to quota restraints nor visa requirements. 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.

Sincerely,


Signed by
Constance H. Price
Acting Port Director
Miami Service Port