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NY C82973





January 21, 1998

CLA-2-62:RR:NC:TA:360 C82973

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3050; 6206.30.3040; 6204.62.4020; 6204.52.2070

Ms. Amy Smilovic
Tibi Hyland Company
201 Shore Rush Drive
St. Simon's Island, GA 31522

RE: The tariff classification of women's woven apparel from China

Dear Ms. Smilovic:

In your letter dated December 15, 1997, received in this office on December 22, 1997, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

The four garments submitted with your request are all constructed from 100 percent cotton woven fabric. Samples A and D show alternate style numbers which we assume differ from the submitted garments in color and/or pattern. Without confirmation of that fact (or actual samples), we are unable to rule upon those individual styles.

The women's empire waisted dress, designated as Sample A, is sleeveless and is lined. The front of the garment features a U shaped neckline and a bow at the bodice. The rear of the garment has a zipper and a hook and eye closure at the neck.

The women's blouse, designated as style 142, is a lined, sleeveless garment. The garment extends from the neck and shoulders to slightly below the waist and features a square shaped front neckline and a partial rear zipper closure.

The women's pants are designated as style 107. The unlined pants extend to the ankles and have a banded waist and a side zipper closure secured at the waist by metal hook and eye.

The women's skirt, designated as sample D, is lined. The garment features a rear zipper closure secured by a hook and eye fastener and a bow on the front at the hemline.

The applicable subheading for sample A will be 6204.42.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' suits...dresses, skirts...: Dresses: Of cotton: Other: Other, Other: Women's. The duty rate will be 10.9 percent ad valorem.

The applicable subheading for style 142 will be 6206.30.3040, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' blouses, shirts and shirt-blouses: Of cotton: Other, Other: Women's. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 107 will be 6204.62.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls'...trousers...: Of cotton: Other: Other, Other: Other. The duty rate will be 17.3 percent ad valorem.

The applicable subheading for sample D will be 6204.52.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' suits...skirts and divided skirts: Of cotton: Other, Other: Women's. The duty rate will be 8.5 percent ad valorem.

Sample A falls within textile category designation 336; style 147 within category designation 341; style 107 within category designation 348 and sample D within category designation 342. 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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