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NY H80761




June 18, 2001

CLA-2-62:RR:NC:TA:360 H80761

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030

Mr. Don M. Obert
Follick & Bessich
33 Walt Whitman Road
Suite 204
Huntington Station, NY 11746

RE: The tariff classification of women's evening dresses and matching scarves from China

Dear Mr. Obert:

In your letter dated May 14, 2001, and received on May 21, 2001, you requested a tariff classification ruling on behalf of Royalcraft Trimming Corp. The samples submitted with your request will be returned to you under separate cover.

Style 001 consists of a woman’s dress and scarf constructed from identical woven fabric of 55 percent nylon and 45 percent polyester fibers. The dress is lined with 100 percent acetate woven fabric and extends from the shoulders to the ankles. The sleeveless dress simulates a two piece dress and features a square front neckline, 1 ½ inch wide shoulder straps, a back zipper closure, a back vent and beading on the bodice. The matching fabric scarf measures 18 ½ inches wide by 72 inches long.

Style 002 consists of a dress and scarf constructed from identical woven fabric of 100 percent polyester fibers. The sleeveless dress is lined with 100 percent acetate woven fabric and extends to the ankles. The dress features a rounded neckline, an empire waist, spaghetti straps and a back zipper closure. The front panel is split from under the bust to the hem. The opening is trimmed with beads. The bodice and front panels are also embellished with beading. The dress extends from the shoulders to the ankles. The scarf measures 15 inches wide by 69 inches long and is embellished with beading at the ends.

Style 003 consists of a dress and scarf constructed from identical woven fabric of 100 percent polyester fibers. The dress is lined with 100 percent acetate woven fabric which incorporates a separate 100 percent nylon netting at its base to provide added volume to the bottom of the dress. The dress extends to the ankles and features a shaped neckline, spaghetti straps, a back zipper closure and beading on the front panel. The scarf measures 18 inches wide by 70 inches long and is embellished with beading along the hem of the ends.

Style 004 consists of a dress and scarf constructed from identical woven fabric of 100 percent polyester fibers. The dress is lined with 100 percent acetate woven fabric and extends to the ankles. The dress is strapless and features a shaped neckline, a back zipper closure with non-functional button trim and beadwork and sequins on the bodice. The scarf measures 14 inches wide by 70 inches long.

The dresses and scarves are considered to be composite goods under GRI 3(b) with the essential character imparted by the dresses.

The applicable subheading for all styles will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): dresses:. The rate of duty will be 16.3 percent ad valorem.

All styles fall within textile category designation 636. Based upon international textile trade agreements products of China are currently subject to quota restraints 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.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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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