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NY I87573





November 15, 2002

CLA-2-61:RR:NC:TA:359 I87573

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.42.0010

Mr. Jim McDermott
Charming Shoppes, Inc.
450 Winks Lane
Bensalem, PA 19020

RE: The tariff classification of a woman’s dress from Indonesia

Dear Mr. McDermott:

In your letter dated October 24, 2002, you requested a classification ruling. As requested, your sample is being returned to you.

Your sample, style 039-706477, is a woman’s sleeveless racer back dress constructed from 95% cotton, 5% spandex knit fabric. The garment features a U-shaped neckline, overlaid textile strips of fabric covering the side seams and a hemmed bottom with two four-inch side slits. The neckline and armholes are finished with knit capping. The garment extends from the shoulder to the thigh area.

The applicable subheading for the dress will be 6104.42.0010, 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 cotton: women’s. The duty rate will be 11.6% ad valorem.

The dress falls within textile category designation 336. Based upon international textile trade agreements products of Indonesia 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.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 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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