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NY A88471





November 13, 1996

CLA-2-62:RR:NC:WA:360 A88471

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.49.5060

Ms. Wendy Wieland Martin
Manager of Export/Import
Kellwood Company
600 Kellwood Parkway
Chesterfield, MO 63017

RE: The tariff classification of a women's dress of knit and woven fabrics from China

Dear Ms. Martin:

In your letter dated October 8, 1996, on behalf of your Halmode Division, you requested a classification ruling. The sample submitted with your request will be returned under separate cover.

Style 02-1212 is a composite good consisting of 100 percent ramie woven fabric (the bodice) and 100 percent nylon polynet knit fabric (the skirt). The bodice and skirt portions are lined with 100 percent rayon woven fabric. The dress extends to approximately the mid-calf and features a scoop neckline, short sleeves and a back zipper. The bodice is embellished with embroidery and beading and does not reach the waist in the front.

You have submitted weight and value information for the knit and woven portions of the garment which have been used in making the essential character determination. The woven portion of the garment weighs approximately 31.7 percent of the total garment and represents approximately 54.3 percent of the total value while the knit portion weighs 12.2 percent and is 45.7 percent of the value. In addition, the entire upper (woven) portion of the
garment does not extend to the waist. Based on these factors, neither the knit nor the woven portion imparts the essential character to the garment. The garment, therefore, will be classified using GRI 3(c), which states that classification is based upon the provision which occurs last in numerical order among those which equally merit consideration. As such, the garment is classifiable under the subheading in 6204, HTS, for dresses of other textile materials.

The applicable subheading for style 02-1212 will be 6204.49.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's ...dresses...of other textile materials: other. The rate of duty will be 7.4 percent ad valorem.

Style 02-1212 falls within textile category designation 836. Based upon international textile trade agreements products of China 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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