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NY J82119





April 11, 2003

CLA-2-61:RR:NC:TA:359 J82119

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.41.0010

Mr. Djibril Makalou
Ann Taylor
1372 Broadway, 5th Floor
New York, NY 10018

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

Dear Mr. Makalou:

This letter replaces New York Ruling Letter (NYRL) NY J81627 that was issued to you on March 31, 2003. In your facsimile dated March 31, 2003, you indicate that there was a typographical error in that ruling. Please see the changes below.

In your letter dated February 26, 2003, you requested a classification ruling. As requested, your sample is being returned to you.

Your sample, style 10-93796 (missy)/64-96268 (petite) is a woman’s dress composed of knit and woven components. The upper portion of the dress, which extends to the waist, and the belt are constructed from 100% wool knit fabric and the bottom portion is constructed from 96% wool, 4% spandex woven fabric. The dress is sleeveless and features a mock collar, a partial side opening with a zipper closure, a belt and two thread loops. The lower portion of the dress is lined.

The essential character of the dress is given by the 100% wool knit fabric of the upper portion of the dress, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the dress will be 6104.41.0010, 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: of wool or fine animal hair: women’s. The duty rate will be 13.9% ad valorem.

The dress falls within textile category designation 436. Based upon international textile trade agreements products of Hong Kong 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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