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NY I89343




December 27, 2002

CLA-2-62:RR:NC:N3:360 I89343

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.44.4010

Mr. Allan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

RE: The tariff classification of a woman's dress from Hong Kong or China

Dear Mr. Kamnitz:

In your letter dated December 18, 2002, you requested a tariff classification ruling on behalf of Harve Benard Ltd. The sample submitted with your request will be returned to you under separate cover.

Style 2625 is a woman’s dress constructed from 95% cotton and 5% spandex knitted fabric and 100% rayon woven fabric. The pullover dress extends from the shoulders to approximately the mid-calf and features shoulder straps approximately 2 inches in width, a scooped neckline and an asymmetrical panel of fabric that drapes over a majority of the dress and extends the full length of the garment. The knitted fabric comprises the upper portion of the dress to approximately the bust. The balance of the dress consists of the woven fabric. The overlay is also of the woven fabric and is sewn over part of the bust area approximately three inches above the end of the knitted fabric. The woven fabric imparts the essential character of the garment.

The applicable subheading for style 2625 will be 6204.44.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ dresses: of artificial fibers: other: women’s. Effective January 1, 2003, the rate of duty will be 16.1 percent ad valorem.

Style 2625 falls within textile category designation 636. Based upon international textile trade agreements products of Hong Kong and China are not currently subject to quota restraints or 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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