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NY A80716





March 25,1996

CLA-2-62:RR:NC:WA 360 A80716

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1090

Ms. Laura Boyce
Donna Karan New York
600 Gotham Parkway
Carlstadt, NJ 07072

RE: The tariff classification of a women's wearing apparel from China

Dear Ms. Boyce:

In your letter dated February 28, 1996, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style E267226FA is constructed from three layers of 100 percent silk woven fabric: a sheer outer layer, a middle layer which is virtually covered with plastic sequins and a lining. The sleeveless garment, which you refer to as an "apron dress", has a square neckline in front, is backless and has a rear zipper closure located below the waist. The garment features straps, approximately 1 1/8 inches wide, that are sewn to the waist at the back and extend over the shoulders to the front of the garment. The garment extends to mid thigh and does not provide sufficient coverage to be worn alone without another outer garment.

The applicable subheading for style E267006FA will be 6211.49.1090, 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 other textile materials: containing 70 percent or more by weight of silk or silk waste: other. The duty rate will be 6.5 percent ad valorem.

Style E26700FA falls within textile category designation 759. Based upon international textile trade agreements products of China are subject to quota restraints and a visa requirement.

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. 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 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 Patricia Schiazzano at (212) 466-5866.

Sincerely,

Roger J. Silvestri
Director

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