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NY 811348




July 3, 1995

CLA-2-62:S:N:N5:360 811348

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.44.4010; 6208.92.0030

Ms. Subhash Bhatia
Carole Little
California Fashion Industries, Inc.
102 East King Boulevard
Los Angeles, CA 90077-2699

RE: The tariff classification of women's dresses from Hong Kong

Dear Ms. Bhatia:

In your letter dated June 6, 1995, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Two garments, styles 987819S and 987809S, each consisting of a dress and a slip-like liner, were submitted with your inquiry. Each dress is made from 100 percent rayon openwork fabric. The fabric is known as "Battenberg Lace". The ribbon sections of the dress are machine made on a braiding machine. The ribbon sections are sewn together in an over and under type of weave. There is no apparent looping, as in a knit garment. The process is described in the Explanatory Notes to the Harmonized Tariff Schedule of the United States (HTS), Chapter 58, page 802, for "mixed lace", also known as lacet lace. Lace made in this manner is regarded as hand-made lace of heading 5804, HTS, and garments made up of lace produced in this manner are not considered to be of a knit construction.

The liner for both dresses is made from 100 percent polyester woven fabric. The dress and the liner are stitched together at the shoulder and can be easily separated without damage to either garment. The garments are therefore classified separately.

Style 987819S consists of two garments: a dress and a liner. The dress is sleeveless and extends to the ankle. It features a slightly v'd neckline and shoulder straps that are approximately 1 3/4 inches wide. The slip-like liner is also sleeveless and extends to the ankle. The garment has a round neckline and shoulder straps that are approximately 1 3/4 inches wide.

Style 987809S consists of two garments: a dress and a liner. The short sleeved dress features a round neckline and extends to just above the knee. The slip-like garment is also sleeveless and features a round neckline and extends to just above the knee. The applicable subheading for the dresses of both styles will be 6204.44.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles... dresses: of artificial fibers: other: other: women's. The duty rate will be 16.9 percent ad valorem.

The applicable subheading for the slip-like garments of both styles will be 6208.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' singlets and other undershirts, slips...and similar articles: other: of man-made fibers: other women's. The duty rate will be 16.9 percent ad valorem.

The dresses fall within textile category designation 636 and the under garments fall within textile category 652. Based upon international textile trade agreements products of Hong Kong are subject to a visa requirement and quota restraints.

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. 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 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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