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NY A89890




December 26, 1996

CLA-2-61:RR:NC:3:359 A89890

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010

Mr. Kevin Maher
C-Air Custom House-Forwarders, Inc.
153-66 Rockaway Blvd.
Jamaica, NY 11434

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

Dear Mr. Maher:

In your letter dated November 25, 1996, on behalf of Ben Elias Ind., you requested a tariff classification ruling.

Style number 90029 is a woman's dress constructed from 90% polyester, 10% spandex, velour knit fabric. Loungewear such as this is classified as general apparel thereby precluding it from a 6108 classification. The garment extends from the shoulder to well below the knee and features a round neckline; short, hemmed sleeves and a hemmed bottom.

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 (HTS), which provides for women's dresses, knitted: of synthetic fibers: other. The duty rate will be 16.8% ad valorem. The duty rate in 1997 will be 16.7% ad valorem.

The dress falls within textile category designation 636. Based upon international textile trade agreements products of Hong Kong are subject to quota restraints and 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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