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February 11, 1999

CLA-2-62:RR:NC:TA:360 D87278

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.49.1000; 6208.19.5000

Mr. Herbert William Julich
Delmar International Inc.
147-55 175th Street
Jamaica, NY 11434

RE: The tariff classification of a woman’s dress and liner from China

Dear Mr. Julich:

In your letter dated November 18, 1998 and additional information received on January 22, 1999 , you requested a classification ruling on behalf of S. Shamash and Sons. The sample submitted with your request will be returned to you under separate cover.

Style b-376580 consists of a dress and a liner. Both pieces are constructed from 100 percent silk woven fabric. The dress is tank styled with an empire waist, 2 1/4 inch wide shoulder straps and a scoop neckline. The liner features a U-neckline, 1/4 inch wide shoulder straps and a back vent. You have indicated these garments will be imported and packaged together for retail sale.

The applicable subheading for the dress will be 6204.49.1000, 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 other textile materials: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 7.2 percent ad valorem.

The applicable subheading for the liner will be 6208.19.5000, Harmonized tariff Schedule of the United States (HTS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: slips and petticoats: of other textile materials: containing 70 percent or more by weight of silk or silk waste.

The dress falls within textile category designation 736 and the liner falls within textile category designation 752. Based upon international textile trade agreements products of China are currently not subject to a visa requirement or to 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.

The submitted sample is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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) 637 - 7080.

Sincerely,

Robert B. Swierupski
Director,

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