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NY H80379




May 18, 2001

CLA-2-61:LA:S:T:1:2:G04 H80379

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.49.9060

Mr. Rico Law
BEPC Limited
1016 S. Vail Avenue
Montebello, CA 90640

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

Dear Mr. Law:

In your letter dated April 30, 2001, you requested a tariff classification ruling.

The submitted sample, which will be imported as style 33712-C1 or 33712-D1 depending on size, is a girl’s dress constructed from two different fabrics. The top portion of the dress extends from the shoulders to the hip and is constructed from 55% ramie, 45% cotton finely knit fabric. The pleather skirt portion of the dress extends from the hip to the thigh and is constructed from 100% polyester knit fabric that has been coated and embossed with 75% polyvinyl chloride, 25% polyurethane plastic material. The pull-on dress features a mock turtleneck, short sleeves, a decorative non-functional buckle in front, and a straight hemmed bottom. The garment will be imported as style 33712-C1 in girls’ sizes 7 to 16, and as style 33712-D1 in girls’ sizes 4 to 6X/7.

The essential character of the garment is imparted by the knit portion of the dress, Harmonized Tariff Schedules of the United States (HTS), General Rules of Interpretation(GRI), 3(c), noted.

Your sample will be returned as requested.

The applicable subheading for the dress will be 6104.49.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ . . . dresses, knitted or crocheted: dresses: of other textile materials: other: other. The rate of duty will be 5.7% ad valorem.

The dress falls within textile category designation 836. As a product of China, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

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.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 this ruling, please contact Field National Import Specialist Jerene Henry at (562) 624-9358 or National Import Specialist Bruce Kirschner at (212) 637-7079.

Sincerely,

Vera Adams

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