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NY 811899




June 27, 1995

CLA-2-62:S:N:N5:360 811899

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.44.4010; 6211.43.0076; 6211.43.0091

Ms. Kathleen Smith
Dalil Fashions, Inc.
1400 Broadway
Suite 2800
New York, NY 10018

RE: Classification of women's woven wearing apparel from Indonesia and/or Sri Lanka

Dear Ms. Smith:

In your resubmission received in this office on June 21, 1995, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Two styles of women's woven garments were submitted with your request. You have stated in your letter that these garments will be made in one of the following fabric compositions: either 50 percent rayon/50 percent polyester; 65 percent rayon/35 percent polyester or 60 percent rayon/40 percent polyester.

When the garments are claimed to be made from a blend of 50 percent polyester/50 percent rayon, they are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation, from the above stated fiber content, may affect the classification and the textile category designation of the subject garment.

Style 9751 consists of two pieces: a dress and an upper body garment. The sleeveless dress features spaghetti straps, a round neckline, a back zipper closure and a flared bottom. The upper body garment features short sleeves, shoulder pads, an adjustable drawstring belt in the back and a full front opening secured by four button and loop closures. The garment does not reach the waist.

Style K3240 consists of two pieces: a dress and a vest. The sleeveless dress features a round neckline, shoulder straps which are approximately 1/2 inch wide, a back zipper closure and a flared bottom. The vest features oversized armholes, a round neckline and a full front opening secured by nine button and loop closures. The front panels are decorated with embroidery. The garment does not reach the waist.

The applicable subheading for the dresses of styles 9751 and K3240 will be 6204.44.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets and blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): dresses: of artificial fibers: other: other: women's. The duty rate will be 16.9 percent ad valorem.

The applicable subheading for the vest of style K3240 will be 6211.43.0076, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments: other garments, women's or girls': man-made fibers: vests: other. The duty rate will be 16.9 percent ad valorem.

The applicable subheading for the upper body garment of style 9751 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments: other garments, women's or girls': of man-made fibers: other. The duty rate will be 16.9 percent ad valorem.

The dresses fall within textile category designation 636; the vest and the upper body garment fall within textile category 659. Based upon international textile trade agreements products of Indonesia and Sri Lanka 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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