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NY C84389




March 4, 1998

CLA-2-PD:TC:MEF G 28

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4020; 6211.43.0091; 6217.10.8500

Mr. Frank Prackler
Harold I. Pepper Co., Inc.
181 South Franklin Avenue
Suite 218
Valley Stream, New York 11581

RE: The tariff classification of Girls' Woven Polyester/Cotton Dress Sets from the Phillippines

Dear Mr. Prackler:

In your letter dated February 12, 1998, you requested a tariff classification ruling for Girls' Polyester/Cotton Woven Dress Sets on behalf of Tawil Assoc. Inc.

The Dresses will be imported in Girls' sizes 4-6X with a matching Headband and Bloomer-style Panties. You provided two samples for examination: Style Number V9080 and Style Number V9081. The material used in both styles will be made from 65% Polyester/35% Cotton woven fabric. Both samples will be returned to you.

Style V9081 is a sleeveless dress featuring a round neckline. The dress opens in the back from neckline to hem, and has a five-button closure. A flower applique with an embroidered stem and leaves are featured on the front of the skirt. The bib of the dress is sewn from woven pique fabric and edged in rick-rack, which also is used to edge the bottom of the dress three inches above the hem. Bloomer-style panties have elastic sewn into the waist and at each leg opening. The checkered fabric matches the material in the body of the dress. A matching checkered bow is sewn onto the front of the elastic headband. Woven pique fabric, matching fabric on the dress, is used to cover the elastic part of the headband.

Style V9080 features a square neckline, and two one and one-half inch shoulder straps which button onto the back of the sleeveless dress. Checkered material is used to form the bows sewn at the bottom of each strap on the front of the dress. The same checkered material is used to form the body of the dress. Lace is sewn into the binding at the hem. An applique of cherries and a flower are embroidered on the front skirt. The woven checkered bloomer-style panties have elastic sewn into the waistband and at the leg openings. The elastic headband is covered in white woven pique fabric and features a bow made from the checkered material used in both the dress and panties.

The applicable subheading for the Polyester/Cotton Woven Dresses will be 6204.43.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of Synthetic Fibers: Other: Other: With two or more colors in the warp and/or the filling: Girls'. The rate of duty will be 16.6%.

The applicable subheading for the Polyester/Cotton Woven Bloomer-style Panties will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers: Other. The rate of duty will be 16.6%.

The applicable subheading for the Polyester/Cotton Woven Headband will be 6217.10.8500, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up clothing accessories, parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Headbands, ponytail holders and similar articles. The rate of duty will be 15.1%.

The Polyester/Cotton Woven Dresses fall within textile category designation 636. The Polyester/Cotton Woven Bloomer style Panties fall within textile category designation 659. Based upon international textile trade agreements, products of the Phillippines are subject to quota 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.

Sincerely,

Carole E. Graves
Port Director

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