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NY A84529




July 05, 1996

CLA-2-61:RR:NC:WA:359 A84529

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010

Ms. Gayle Williams
Sears, Roebuck and Company
3333 Beverly Road
Hoffman Estates, IL 60179

RE: The tariff classification of a woman's dress from Thailand.

Dear Ms. Williams:

In your letter dated June 7, 1996 you requested a tariff classification ruling.

Style number LT-1044 is a woman's dress constructed from 65% polyester, 35% cotton, knit fabric that is napped on the inside surface. The dress extends from the shoulders to well below the knees. You state in your letter that this garment should be a "lounging robe" and that your definition of lounge wear is "merchandise that is worn in the house for comfort and not to be worn outside the home". However, based on its appearance, it will be worn at home, but need not be worn in intimate surroundings. It does not meet the definition of a robe which is a garment worn when undressed, or while dressing. The dress features a round neckline; long sleeves with ribbed cuffs; and a shirt-tail hemmed bottom. You state that the garment will have appliques and embroidery across the chest that reads "a cold winters' night".

Your sample is being returned as requested.

The applicable subheading for the dress will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HAS), which provides for women's dresses, knitted: of synthetic fibers: other. The duty rate will be 16.8% ad valorem.

The dress falls within textile category designation 636. Based upon international textile trade agreements this merchandise from Thailand is not subject to quota restraints but is subject to the requirement of a visa.

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 Mike Crowley at 212-466-5852.

Sincerely,

Roger J. Silvestri
Director

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