CLA-2-61:RR:NC:3:353 F86770
Mr. Larry Lewis
Michael Simon
512 Seventh Ave.
New York, NY 10018
RE: The tariff classification of a capelet from Hong Kong or China.
Dear Mr. Lewis:
In your letter dated March 1, 2000 you requested a classification ruling. We apologize for the delay in our response. The item is similar to an article whose classification was recently resolved by Customs Headquarters. The sample submitted with the ruling request will be returned to you.
The submitted sample is a Style #7062 capelet constructed of knit 55% ramie/45% cotton pile fabric. The capelet is made up of 3 panels that are sewn together to form a small cape. The item is sleeveless, has a curved shape and features a full front opening with a 28 inch self-fabric tie closure. The item covers to the chest area and center back, and extends midway down the upper arm. It is designed to be worn over another garment such as a blouse or dress.
The Style #7062 capelet is worn for style and decorative purposes. It does not afford the wearer protection from the elements. The item’s short length, in conjunction with the lack of protection against the whether precludes classification in heading 6102. Garments classifiable in heading 6114 normally provide a greater degree of coverage to the wearer than the subject capelet does, or could be worn without any other articles of clothing. This office considers the capelet to be a clothing accessory.
The applicable subheading for the Style #7062 capelet will be 6117.80.9570, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other, Other.” The duty rate will be 15% ad valorem.
The Style #7062 capelet falls within textile category designation 859. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa; products of Hong Kong are not subject to quota or 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 Kenneth Reidlinger at 212-637-7084.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division