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NY F87818




June 22, 2000

CLA-2-61:RR:NC:TA:359 F87818

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.44.2010

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

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

Dear Mr. Kelly:

In your letter dated May 23, 2000, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling. Your sample is being returned as requested.

You submitted a sample, style E1TN32848, of a woman’s sleeveless dress that is constructed from 76.2% rayon, 17.9% nylon, 4.7% polyester, 0.8% spandex. 0.4% metallic, knit fabric. The dress extends from the shoulders to below the knees and features one inch shoulder straps, a scoop neckline, and a hemmed bottom. A decorative sequined design is sewn on the bottom of the dress. Styles E1TN32828 and E1TN32838 are being done by another office.

You submitted information from a laboratory testing center. The laboratory states that two yarns are used in knitting the fabric; a solid yarn composed of rayon, spandex and nylon; the other is a lurex yarn composed of a blend of rayon, nylon, polyester, spandex and metallic.

The applicable subheading for the pullover will be 6104.44.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s dresses, knitted: of artificial fibers: other. The duty rate will be 15.7% ad valorem.

The dress falls within textile category designation 636. 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 Mike Crowley at 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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