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NY C82270



December 18, 1997

CLA-2-61:K:TC:B7:I15 C82270

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.42.0010

Ms. Annette McCormack
Meijer, Inc.
2929 Walker Avenue, North West
Grand Rapids, MI 49544-9428

RE: The tariff classification of a woman's knit dress from Malaysia.

Dear Ms. McCormack:

In your letter dated November 25, 1997, you requested a classification ruling.

The submitted sample, identified by item number 720031, is a woman's dress composed of 100% cotton jersey knit fabric.

The garment is described by you as a beach cover-up. The submitted sample has a sewn in label and hang tag with the trademark "WAVE ZONE" which you indicate is only used for beach towels, swimwear and aqua sox. The hang tag describes the garment as a "beach coverup." You also indicate that the "beach cover-up" will be marketed and sold in the swimwear section of the women's department. You state that advertising materials are not available.

The pullover dress is sleeveless, has an a-line body, and features a u-shaped neckline, two front patch pockets below the waist, 7 inch side slits, and a hemmed bottom which extends just above the knee. The armholes and sleeve openings have rib knit banded finishes. The sample which has been submitted with your inquiry will be returned as requested.

The applicable subheading for the dress will be 6104.42.0010, Harmonized Tariff Schedule of the United States, which provides for women's or girls' ... dresses ... knitted or crocheted: dresses: of cotton, women's. The duty rate will be 12% ad valorem.

The dress falls within textile category designation 336. As a product of Malaysia, this merchandise is subject to visa requirements 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. Since 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.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John J. Martuge

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