The tariff classification of a man’s packable poncho from China

NY J88020 September 8, 2003 CLA-2-62:RR:NC:WA:357 J88020 CATEGORY: Classification TARIFF NO.: 6201.13.4030 Mr. Zakir Ally CGroup 12W 57th Street, 5th Floor New York, N.Y. 10019 RE: The tariff classification of a man’s packable poncho from China Dear Mr. Ally: In your letter dated August 8, 2003, you requested a classification ruling. The sample submitted, style number C-82425, is a man’s poncho that extends to the knee area. The poncho is constructed of a shell composed of a woven 100% nylon fabric that has “The Metropolitan Museum of Art New York” name printed over the entire garment. The garment is for promotional purposes. The poncho is a pullover garment that has an integral hood and a partial opening at the neck that is secured by a left-over-right, four-snap closure that extends to the chin area. The poncho is rectangular in shape, has no armholes and hangs loosely from the shoulders to the bottom hem. The garment has a snap closure on the upper portion of each side opening, securing the front and rear panels together. The poncho features a pouch pocket on the upper portion of the front panel that has a double pull zipper closure and a flap with a hook and loop fastener. When the poncho is not in use, the pocket can be inverted and the poncho can be folded into the pocket and secured within by the zipper closure. This allows the wearer to pack and carry the poncho. 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: other. The duty rate will be 27.9 percent. 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 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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. You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs. 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