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May 19, 1999

CLA-2-62:RR:NC:TA:3:358 E80797

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.49.1000; 6209.90.5000

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue
New York, NY 10167-3397

RE: The tariff classification of a girls’ dresses from Hong Kong.

Dear Mr. Evan:

In your letter dated April 19, 1999, on behalf of Tommy Hilfiger U.S.A., Inc., you requested a tariff classification ruling.

The submitted samples are described as follows:

Style # 1700208 (Girls’) and Style #1700202 (Infants’),( “Sugar Plum Sweater Dress ”) - A girl’s and infant’s dress. The upper portions of the dresses are constructed of 60% wool/40% acrylic solid colored knit fabric. The lower portions are constructed of 100% silk woven plaid colored fabric. The garments feature a woven peter pan collar, long sleeves, and a partial back opening with a three button closure to the waist. The garments also have a 100% acetate woven fabric lining, and a hemmed bottom.

We have determined that the essential character of the dresses is the woven plaid colored fabric.

Your letter did not indicate the numerical size(s) that Style #’s 1700208 and 1700202 will be imported.

In a telephone conversation with you on May 9, 1999, you stated that Style# 1700208 will be imported in toddler sizes 2T, 3T and 4T, and Style #1700202 will be imported in infants’ sizes newborn to 24 months.

We are returning your samples as you requested.

The applicable subheading for the dress, Style #1700208 will be 6204.49.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ dresses, of other textile materials: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 7.2% ad valorem.

The dress, Style #1700208 falls within textile category designation 736. Based upon textile trade agreements, products of Hong Kong are presently not subject to quota restraints nor visa requirements.

The applicable subheading for the dress, Style #1700202 will be 6209.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, of other textile materials, containing 70 percent or more by weight of silk or silk waste. The duty rate will be 1.5% ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Bruce Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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