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NY C80787




November 4, 1997

CLA-2-62:RR:NC:TA:360 C80787

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1090

Mr. Robert T. Stack
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway - 43rd Fl
New York, NY 10036-8901

RE: The tariff classification of a woman's woven garment from China

Dear Mr. Stack:

In your letter received on October 15, 1997, you requested a classification ruling on behalf of Ellen Tracy, Inc. The sample submitted with your request will be returned to you under separate cover.

Style 46188198 is a woman's full length garment constructed from 100 percent silk woven fabric. The garment extends from the neck and shoulders to the ankles and features long sleeves with button cuffs, a collar, a full front opening secured by one button at the neck and side vents that extend from the hip area to the hem. The sheer garment is designed for wear in coordination with a long tank dress.

The applicable subheading for style 46188198 will be 6211.49.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of other textile materials: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 5.8 percent ad valorem.

Style 46188198 falls within textile category designation 759. 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,

Robert B. Swierupski
Director,

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