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March 2, 1999

CLA-2-61:RR:NC:TA:N3:358 D87532

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2020

Ms. Evelyn P. Milling.
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a girl’s knit dress from Malaysia

Dear Ms. Milling:

We refer to New York ruling #D85289, which was issued to you on December 21, 1998. In your initial letter to us, dated November 23, 1998, you requested a binding ruling for a girl’s tank style sundress, Style #1568, constructed from 60% cotton and 40% polyester fabric.

In a subsequent letter dated January 27, 1999, you informed us that the fabrication of the dress has changed. The dress will be constructed from 65% polyester and 35% cotton knit printed jersey fabric.

All other information remains the same.

The applicable subheading for the dress, Style #1568 will be 6104.43.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ dresses, knitted or crocheted, dresses, of synthetic fibers, other, girls’. The rate of duty will be 16.5% ad valorem.

The dress, Style #1568 falls within textile category designation 636. Based upon international textile trade agreements, products of Malaysia are presently subject to quota restraints and visa requirements.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

Copies of this supplemental ruling are being provided to all ports where entry of this merchandise will be made. A copy of this letter should be given to your broker and all members of your staff who are involved with clearing merchandise through Customs.

If you have any questions pertaining to this matter, please contact National Import Specialist Bruce Kirschner at (212) 637-7079.

Sincerely,

Robert B. Swierupski
Director

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