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NY 804768





December 22, 1994

CLA-2-62:S:N:N5:360 804768

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030; 6211.49.0015; 6211.49.0017

Mr. Peter J. Allen
Neville, Peterson & Williams
80 Broad Street
New York, NY 10004

RE: The tariff classification of a woman's dress, blouse and vest from China and Hong Kong

Dear Mr. Allen:

In your letter dated December 1, 1994, you requested a classification ruling on behalf of Transcorp Apparel Limited. The samples submitted with your request will be returned to you under separate cover.

Style 8076 is a dress composed of knit and woven components. The garment features an upper body portion constructed from knit fabric that is 65 percent polyester/35 percent cotton and extends to the midriff. The garment has long sleeves and a low, round neckline. The skirt portion extends from the midriff to just above the knee and is constructed from 100 percent woven polyester with a 100 percent polyester lining. The essential character of the dress is imparted by the woven component.

Style 8742 is a tank-styled garment constructed from 100 percent woven silk fabric. The sleeveless garment features a scoop neckline, two inch shoulder straps, two 7 1/4 inch side slits and a straight hemmed bottom.

Style 9321 is a vest constructed from 100 percent woven silk. The vest features oversized armholes, a V-neckline, a full front opening secured by nine button and loop closures. The vest extends below the waist.

The applicable subheading for the style 8076 will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts,
trousers, bib and brace overalls, breeches and shorts (other than swimwear): dresses: of synthetic fibers: other: other: other: women's. The rate of duty will be 17 percent ad valorem.

The applicable subheading for style 8742 will be 6211.49.0015, 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: blouses, shirts, shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 7.8 percent ad valorem.

The applicable subheading for style 9321 will be 6211.49.0017, 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: vests. The rate of duty will be 7.8 percent ad valorem.

Style 8076 falls within textile category designation 636; style 8742 falls within textile category 741 and style 9321 falls within textile category 759. Based upon international textile trade agreements products of China are subject to a visa requirement and quota restraints. Products of Hong Kong are subject to a visa requirement and are currently not subject to 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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