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July 13, 1999

CLA-2-61:RR:NC:TA:3:358 E83271

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2020; 6104.42.0020

Mr. Ralph Navedo
Inter-Maritime Forwarding Company Incorporated 39 Broadway
New York, NY 10006

RE: The tariff classification of a girl’s dress from Indonesia.

Dear Mr. Navedo:

In your letter dated June 8, 1999, on behalf of your client Breaking Waves, Inc., you requested a tariff classification ruling.

The submitted sample, Style # 82434, is a girl’s sleeveless, open shoulder dress. The garment is constructed of floral print knit fabric that is 80% nylon and 20% spandex. The dress has an adjustable fabric drawstring, which ties at the center of the scoop front neckline. The drawstring is enclosed in fabric tunnels at the neckline and becomes visible at the armhole sides where it functions as shoulder straps that are sewn to the rear neckline. ?tc "The submitted sample, Style # 82434, is a girl’s sleeveless, open shoulder dress. The garment is constructed of floral print knit fabric that is 80% nylon and 20% spandex. The dress has an adjustable fabric drawstring, which ties at the center of the scoop front neckline. The drawstring is enclosed in fabric tunnels at the neckline and becomes visible at the armhole sides where it functions as shoulder straps that are sewn to the rear neckline. "?

You state is your letter that the dress will also be constructed of 56% cotton and 36% polyester and 8% spandex fabric.

In a telephone conversation on July 9th, with a member of your staff, it was stated that the dress will be imported for girls= in sizes 4-6X.

The applicable subheading for the Dress, Style #82434 if constructed of 80% nylon/20% spandex, will be 6104.43.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ dresses, of synthetic fibers, other, girls’. The duty rate will be 16.5% ad valorem.

The Dress falls within textile category designation 636. Based upon textile trade agreements, products of Indonesia are presently subject to quota restraints and visa requirements.

The applicable subheading for the Dress if constructed of 56%/cotton/36% polyester/8% spandex will be 6104.42.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ dresses, of cotton, girls’. The duty rate will be 11.8% ad valorem.

The Dress falls within textile category designation 336. Based upon textile trade agreements, products of Indonesia are presently subject to quota restraints and visa requirements.

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 at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV.

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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