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NY K80080




November 19, 2003
CLA-2-61:RR:NC:TA:359 K80080

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.42.0010

Mr. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

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

Dear Mr. Hoffacker:

In your letter dated, you requested a classification ruling on behalf of Charming Shoppes of Delaware, Inc. As requested, your sample is being returned to you.

Your sample, 8790, is a woman’s dress constructed from 95% cotton, 5% spandex knit fabric. The garment features a V-shaped neckline, a racer-style back, capped sleeveless armholes, eighteen inch high side slits at the bottom and a hemmed bottom. The garment extends from the shoulders to the ankle 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, dressesknitted 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 the Philippines 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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