CLA-2-62:RR:NC:WA:357 C88576

Mr. Lou Piropato

Daniel F. Young, Inc.

17 Battery Place

New York, N.Y. 10004-1101

RE: The tariff classification of a man's poncho from China

Dear Mr. Piropato:

In your letter dated May 27, 1998, on behalf of Rothco, division of Morris Rothenberg & Son, Inc., you requested a classification ruling.

The sample submitted, style number 4686, is a man's pullover knee-length poncho. The poncho is constructed in a camouflage design of a woven 100% nylon fabric.

The poncho slips over the head and has an integral hood which is secured by a drawcord tightening. The garment hangs loosely from the shoulders, has no armholes and is secured on each side by a snap closure to make a partial side closure.

The sample is being returned to you.

The applicable subheading for the poncho will be 6201.13.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's overcoats, carcoats, capes, cloaks and similar coats: of man-made fibers. The duty rate will be 28.8 percent ad valorem.

The poncho falls within textile category designation 634. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 212-466-

5851.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division