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NY D84679

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December 9, 1998

CLA-2-62:RR:NC:TA:360 D84679

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.49.9060; 6204.44.4010; 6206.40.3030; 6211. 43.0091; 6214.30.0000

Ms. Audrey Drillich
Peach Candy Corp.
55 West 39th Street
New York, NY 10018

RE: The tariff classification of a women's wearing apparel from the Philippines

Dear Ms. Drillich:

In your letter dated November 10, 1998, you requested a classification ruling.

Style 501 consists of a dress constructed from 55 percent linen and 45 percent rayon knit fabric and a scarf constructed from 100 percent polyester woven printed fabric. The sleeveless dress features a round neckline, a side vent and a back zipper closure. The dress also has a decorative six button trim on the right side. The scarf is of a sheer fabric and measures approximately 54 x 11 1/4 inches.

Style 281 consists of a dress and a blouse. Both pieces are constructed from 100 percent rayon woven fabric. The tank styled dress features a round neckline, two inch wide shoulder straps, self fabric tie belts and a back vent. The sleeveless blouse features a stand up collar, side vents and a full front opening secured by five buttons.

Style 280 consists of a dress and an upper body garment constructed from 100 percent rayon woven fabric. The sleeveless dress features a round neckline, an empire waist, a side vent and a back zipper closure. The upper body garment features long sleeves, a round neckline, side vents and a full front opening secured by six button and loop closures. The closure provides insufficient coverage for the garment to be considered a blouse.

The applicable subheading for the dress of style 501 will be 6104.49.9060, 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), knitted or crocheted: dresses: of other textile materials: other: other. The duty rate will be 5.8 percent ad valorem.

The applicable subheading for the scarf of style 501 will be 6214.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for shawls, scarves, mantilla, veils and the like: of synthetic fibers. The duty rate will be 6.4 percent ad valorem.

The applicable subheading for the dresses of styles 281 and 280 will be 6204.44.4010, 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 artificial fibers: other: other: women's. The duty rate will be 16.6 percent ad valorem.

The applicable subheading for the blouse of style 280 will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' blouses, shirts and shirt-blouses: of man-made fibers: other: other: women's. The duty rate will be 27.9 percent ad valorem.

The applicable subheading for the upper body garment of style 281 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of man-made fibers: other. The duty rate will be 16.6 percent ad valorem.

The dress of style 501 falls within textile category designation 836; the scarf falls within textile category designation 659; the dresses of styles 281 and 280 fall within textile category designation 636; the blouse of style 281 falls within textile category designation 641 and the upper body garment of style 280 falls within textile category designation 659. Based upon international textile trade agreements products of the Philippines 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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See also:

• Tariff No.: 6104.49.90 - Women's or girls' dresses, of textile mats (ex wool, cotton or mmf), containing under 70% by weight of silk or silk waste, knitted or croc
• Tariff No.: 6204.44.40 - Women's or girls' dresses, not knitted or crocheted, of artificial fibers, nesoi
• Tariff No.: 6206.40.30 - Women's or girls' blouses and shirts, not knitted or crocheted, of manmade fibers, nesoi
• Tariff No.: 6211.43.00 - Women's or girls' track suits or other garments nesoi, not knitted or crocheted, of man-made fibers
• Tariff No.: 6214.30.00 - Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, of synthetic fibers