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NY D82644




October 6, 1998

CLA-2-61:SF:G03 D82644

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.42.0020, 6104.62.2060

Linda White
Pleasant Company
8400 Fairway Place
Middleton, WI 53562-0998

RE: The tariff classification of a girl's dress and shorts from China

Dear Ms. White:

In your letter dated September 18, 1998 you requested a tariff classification ruling.

The first submitted sample is a dress made from a pique knit fabric which you indicate is 100% cotton. This dress has a partial front opening secured by a plastic zipper, short sleeves with rib knit cuffs and a rib knit shirt style collar. The bottom is hemmed. This dress has princess seams which are finished with a row of contrasting color overlock stitching. You have indicated that the final version of the dress will have embroidery on the sleeve.

The second submitted sample is a pair of pull on shorts made from a fine knit fabric which you indicate will be a cotton spandex blend. These shorts have an elasticized waistband, hemmed legs and a mesh pocket on each outer thigh. The pockets are intended to hold tennis balls. The above dress is identified as a tennis dress, and you state that the even though the dress and shorts will be sold separately they are intended to be worn together. They will be imported in sizes small, medium, large and extra large and meant to fit girls 7-14 years old.

The applicable subheading for the dress will be 6104.42.0020, 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 cotton: Girls'. The rate of duty will be 11.9 percent ad valorem. The applicable subheading for the shorts will be 6104.62.2060, HTS, which provides as above, but for Trousers, bib and brace overalls, breeches and shorts: Of cotton: Other: Shorts: Girls': Other. The rate of duty will be 16 percent ad valorem.

The dress falls within textile category designation 336 and the shorts within category 348. Based upon international textile trade agreements, products of China 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,

Alice M. Rigdon
Port Director

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