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C88083

June 12, 1998

CLA-2-61-CL:FO:CB:I20

CATEGORY : Classification

TARIFF NO.: 6110.30.3055, 6110.90.9042, 6204.44.4010,

6204.49.5060

Mr. Joseph R. Hoffacker

Barthco Trade Consultants, Inc.

7575 Holstein Avenue

Philadelphia, PA 19153

RE: The tariff classification of two women's dresses and two
women's upper body garments

Dear Mr. Hoffacker:

In your letter dated May 14, 1998, you requested a tariff classification ruling on behalf of Halmode Apparel, Inc., of New York, New York.

The submitted samples, designated style numbers 041134 and 041136, are women's dresses, each accompanied by and sold with an upper body garment.

Style number 041134 consists of a dress with a body manufactured from a 100% rayon woven fabric and a yoke manufactured from a 96% polyester, 4% spandex knit fabric, accompanied by a cardigan manufactured from a 92% polyester, 8% nylon knit fabric having six stitches per two centimeters measured in the direction the stitches were formed.

The dress portion of style number 041134 is sleeveless, extends to the vicinity of the ankles and features a partial rear opening secured by a fine-toothed plastic zipper, hemmed armholes, straps measuring two inches in width at the tops of the shoulders, and a straight, hemmed bottom.

The cardigan portion of style number 041134 extends to just below the waist and features short, hemmed sleeves, a V-neckline, a full frontal opening with a single button closure, and a straight, hemmed bottom.

Style number 041136 consists of a dress manufactured from a 100% linen woven fabric accompanied by a sweater manufactured from a 60% linen, 40% cotton openwork crocheted fabric having three stitches per two centimeters measured in the direction the stitches were formed.

The dress portion of style number 041136 is sleeveless, extends to the vicinity of the ankles and features a partial rear opening secured by a fine-toothed plastic zipper, a full lining of an unspecified woven fabric, straps measuring one and three-
quarters inches in width at the tops of the shoulders, a seventeen inch rear vent, and a straight, hemmed bottom.

The sweater portion of style number 041136 extends to just below the waist and features short, selvaged sleeves, a V-
neckline, a full frontal opening secured by five self-fabric covered buttons, and a straight, selvaged bottom.

The applicable subheading for the dress portion of style number 041134 is 6204.44.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's dresses, of artificial fibers. The applicable rate of duty is 16.6%, ad valorem. The garment falls within textile category designation 636.

The applicable subheading for the cardigan portion of style number 041134 is HTS 6110.30.3055, which provides for other women's or girls' sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of man-made fibers. The applicable rate of duty is 33.3%, ad valorem. The garment falls within textile category designation 639.

The applicable subheading for the dress portion of style number 041136 is HTS 6204.49.5060, which provides for other women's or girls' dresses of other textile materials. The applicable rate of duty is 7.3%, ad valorem. The garment falls within textile category designation 836.

The applicable subheading for the sweater portion of style number 041136 is HTS 6110.90.9042, which provides for other women's or girls' sweaters, of other textile materials. The applicable rate of duty is 6%, ad valorem. The garment falls with textile category designation 845.

You have not stated the intended country of origin of the subject garments. Based on international textile trade agreements, products of many countries 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.

The samples are being returned to you, as requested.

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,


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