HQ 085963: Classification and textile category for a women's woven cape

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 085963

                        February 9, 1990




CLA-2  CO:R:C:G   085963  CC

CATEGORY:  Classification

TARIFF NO.:  6202.11.0010

Ms. Doreen Wai
Second Secretary
Hong Kong Economic & Trade Affairs Office
British Embassy
1233 20th Street, N.W., Suite 504
Washington, D.C. 20036

RE:  Classification and textile category for a women's woven cape

Dear Ms. Wai:

     This letter is in response to your inquiry of November 1,
1989, on behalf of Carmelo Pomodoro, requesting the tariff
classification and textile category designation for a women's
woven cape.  A sample was submitted for examination.

FACTS:

     The submitted sample is a women' reversible woven cape in
the form of a continuous circular piece of material, with a
radius of 32 inches.  The cape is made of a blend of 70 percent
wool, 20 percent cashmere, and 10 percent nylon woven fabric.

ISSUE:

     What is the proper tariff classification and textile
category designation of the submitted sample under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification shall be
determined according to the terms of the headings and any
relative section or chapter notes.

     Heading 6202, HTSUSA, provides for women's capes that are
not knitted or crocheted, among other articles.  The submitted
sample is a women's woven cape and is classifiable in this
heading.  The applicable subheading for the submitted merchandise
is 6202.11.0010, HTSUSA, which has textile category designation
435.

     You state that the established practice has been to assign
to merchandise similar to the submitted sample textile category
459, which is the textile category designation that the submitted
sample should have.

     The HTSUSA replaced the Tariff Schedules of the United
States (TSUS) as our statutory tariff schedule on January 1,
1989, pursuant to the enactment of the Omnibus Trade and
Competitiveness Act of 1988, 1204(c), 19 U.S.C.A. 3004 (c) (West
Supp. 1989).  Although implementation of the HTSUSA was intended
to be, to the extent practicable, duty and quota neutral, some
changes were unavoidable when converting from our previously
national TSUS to the HTSUSA.  It appears that the submitted
sample is one of those articles in which implementation of the
HTSUSA resulted in a change in the textile category designation.

     If you have further questions concerning textile visa and
quota requirements for the submitted sample, you may write the
United States Department of Commerce, Committee for the
Implementation of Textile Agreements, at the following address:

                         Chairman
                         Committee for the Implementation
                              of Textile Agreements
                         U.S. Department of Commerce, Room 3001
                         Washington, D.C.  20230

HOLDING:

     The submitted sample is classified under subheading
6202.11.0010, HTSUSA, which provides for articles of apparel and
clothing accessories, not knitted or crocheted, women's or girls'
overcoats, carcoats, capes, cloaks and similar coats, of wool or
fine animal hair, women's.  The rate of duty is 46.3 per kilogram
plus 21 percent ad valorem, and the textile category is 435.

     The sample is being returned under separate cover.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.

     The designated textile and apparel category may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Since
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 the importer 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 the local Customs office.


                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division