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NY A88426





November 4, 1996

CLA-2-62:RR:NC:WA:360 A88426

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3050; 6204.43.4030; 6204.44.4010

Mr. R. Singh
Bon Nuit Nitewear, Inc.
38 West 32nd Street
Suite 1105
New York, NY 10001

RE: The tariff classification of women's dresses from India and Indonesia

Dear Mr. Singh:

In your letter dated October 7, 1996, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

You have indicated in your letter that these garments will be manufactured in 100 percent cotton, 60 percent polyester\40 percent cotton and 100 percent rayon.

Style 2108 is a dress that features short sleeves, a v-neckline, overlaid patchwork on the upper front panels, a full front opening secured with twelve buttons. The dress has a self fabric tie belt at the waist and extends to the ankles.

Style 2145 is a pullover dress that features short sleeves, a round neckline, side seam pockets and a back zipper closure. The dress has contrast colored appliques across the front bodice, two 18 inch side slits and extends to the ankles.

Style 2154 is a dress that features short sleeves, a round neckline, a partial front zipper secured by four buttons and a 13 1/2 inch zipper and side seam pockets. The dress has contrasting colored front and back yoke with a flowered design embroidered on the front. The dress also has contrasting colored bands around the sleeves and 8 1/2 inches of contrasting color to the hem. The dress extends to the ankles.

Style 2155 is a dress that features short sleeves, a slightly v'd neckline, a partial front opening secured by three buttons, a drawstring waist that ties on each side and two 15 inch side slits. The garment extends to the ankles.

Style 2157 is a dress that features short sleeves, a round neckline, a full front opening secured by eight buttons and two 18 1/4 inch side slits. The dress has a bird design imprinted on each front panel. The dress extends to the ankles.

If the dresses are constructed in 100 percent cotton woven fabric, the applicable subheading will be 6204.42.3050, 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 cotton: other: other: other: women's. The duty rate will be 11.8 percent ad valorem.

If the dresses are constructed from 60 percent polyester\40 percent cotton woven fabric, the applicable subheading 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 duty rate will be 16.8 percent ad valorem.

If the dresses are constructed from 100 percent rayon woven fabric, the applicable subheading 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, 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 16.8 percent ad valorem.

The cotton dresses fall within textile category designation 336 and the synthetic and artificial fiber dresses fall within textile category 636. Based upon international textile trade agreements products of India and Indonesia 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. 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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