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NY A86154




September 4, 1996

CLA-2-61:LA:S:T:1:2:G04 A86154

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2020; 6114.30.3070

Mr. Brett Glickman
Byer California
66 Potrero Avenue
San Francisco, CA 94103

RE: The tariff classification of girls' knit and woven garments from Hong Kong or China

Dear Mr. Glickman:

In your letter dated August 5, 1996, you requested a tariff classification ruling.

Style 4139284 is a girl's dress constructed from knit and woven fabrics. The upper portion of the garment, which extends to the waist, is constructed from 57% acrylic, 22% polyester, 21% cotton finely knit fabric. The lower skirt portion, which extends from the waist to the knee area, is constructed from 100% polyester woven fabric. The garment features a round neckline with rib knit binding, short sleeves with rib knit binding, an applique in front, a side zipper closure, belt loops, faux pockets on the front skirt portion with metal zipper closures and a straight hemmed bottom. A detachable vinyl belt with a metal buckle accompanies this garment. The essential character of the dress is imparted by the upper knit portion. The garment will be imported in girls' sizes 4 to 6X and 7 to 16.

Style 2010101 is a girl's full body garment with divided leg openings. The garment extends from the shoulders to the knee area and is constructed from knit and woven fabrics. The upper portion of the garment, which extends to the waist, is constructed from 75% acrylic, 13% polyester, 12% cotton finely knit fabric. The lower portion of the garment, which extends from the waist to the knee area, is constructed from 100% cotton woven blue denim fabric. The garment features a round neckline, short hemmed sleeves, a back zipper closure and hemmed leg openings. A textile
panel is attached at the right side seam and the waist and extends across the lower front of the garment. When worn and viewed from the front, the leg separation is not readily apparent. The essential character of the garment is imparted by the upper knit portion. The garment will be imported in girls' sizes 4 to 6X and 7 to 16.

You have stated in your letter that these two styles will also be imported in junior sizes 3 to 13. We are sorry that we will not be able to provide you with a binding ruling for these sizes. We suggest, however, that you submit a sample of each style in this size range to U. S. Customs, requesting a binding ruling.

Your samples will be returned as requested.

The applicable subheading for style 4139284 will be 6104.43.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits . . . dresses, knitted or crocheted: of synthetic fibers: other: girls'. The rate of duty will be 16.8% ad valorem. Garments and clothing accessories entered as components of sets require separate reporting for statistical purposes, therefore the applicable subheading for the belt will be 3926.20.9050.

The applicable subheading for style 2010101 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: other: other: women's or girls'. The rate of duty will be 15.9% ad valorem.

Style 4139284 falls within textile category designation 636 and style 2010101 falls within textile category designation 659. As products of Hong Kong or China, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

The designated textile and apparel category 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 this ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Audrey Adams

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