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NY I83408




July 22, 2002

CLA-2-62:RR:NC:N3:360 I83408

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3030; 6204.42.3050

Ms. Betty Coats
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of women's dresses from Cambodia and China.

Dear Ms. Coats:

In your letter dated June 26, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style 275653 is a woman’s dress constructed from 55 percent cotton and 45 percent polyester woven printed fabric. The dress features short sleeves, a V-neckline with a self-fabric tie, quilted front and back yokes, two front patch pockets and a full front opening secured by six snap closures.

Style 278654 is a woman’s dress constructed from 100 percent cotton woven yarn-dyed eyelet fabric. The dress features a round neckline, short sleeves, two front patch pockets and a full front opening secured by eight snap closures. The pockets and upper front panels are embellished with smocking.

The applicable subheading for style 278653 will be 6204.42.3050, 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: of cotton: other: other: other: other: women’s. The rate of duty will be 9.2 percent ad valorem.

The applicable subheading for style 278654 will be 6204.42.3030, 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: of cotton: other: other: other: with two or more colors in the warp and/or the filling: women’s. The rate of duty will be 9.2 percent ad valorem.

Both styles fall within textile category designation 336. Based upon international textile trade agreements products of Cambodia are currently not subject to quota restraints but are subject to a visa requirement. 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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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