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NY H85131




August 30, 2001

CLA-2-62:RR:NC:TA:360 H85131

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091; 6104.43.2020

Mr. Patrick Pascarella
Viking Sea/Air Freight Inc.
486 Sunrise Highway
Rockville Centre, NY 11570

RE: The tariff classification of women's wearing apparel from China

Dear Mr. Pascarella:

In your letter dated August 17, 2001, you requested a tariff classification ruling on behalf of Presidio International Inc.

The submitted sample, style X5A060TE, consists of two garments. The outer garment is constructed from 100 percent polyester woven fabric. The dress is constructed from 55 percent rayon and 45 percent cotton knit fabric. The outer garment is sleeveless and sheer and features a round neckline and a asymmetrical hem. The left side of the garment is open from under the armhole and buttons to the dress at the hip. The dress features a spaghetti strap and one shoulder strap that measures one inch wide and extends to mid thigh. The two garments are attached at the shoulder seams but can be separated without damage to either garment.

The applicable subheading for the outer garment will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: other. The rate of duty will be 16.3 percent ad valorem.

The applicable subheading for the dress will be 6104.43.2020, 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), knitted or crocheted: dresses: of synthetic fibers: other: women’s. The rate of duty will be 16.3 percent ad valorem.

The outer garment falls within textile category designation 659 and the dress falls 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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