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NY K80877




December 18, 2003

CLA-2-62:RR:NC:N3:360 K80877

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030; 6211.49.1050

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue
Suite 208
Jamaica, NY 11434

RE: The tariff classification of a woman's dress and upper body garment from China

Dear Mr. Spoto:

In your letter dated December 8, 2003, you requested a tariff classification ruling on behalf of B J Vines Inc. The samples submitted with your request will be returned to you under separate cover.

Style VV22111 is a woman’s upper body garment constructed from 100 percent silk woven fabric. The garment features a scooped neckline, adjustable shoulder straps approximately ¼ inch in width and two rows of fringe around the garment.

Style IV30260 is a woman’s dress constructed from 100 percent polyester woven fabric. The dress features a V-neckline, adjustable shoulder straps, an empire waist with elastic inserts, a partial back opening secured by two bra-type closures.

The applicable subheading for style VV22111 will be 6211.49.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of other textile materials: containing 70 percent or more by weight of silk or silk waste: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 1.9 percent ad valorem. Effective January 1, 2004, the rate of duty will be 1.2 percent ad valorem.

The applicable subheading for style IV30260 will be 6204.43.4030, 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 synthetic fibers: other: other: women’s. The rate of duty will be 16.2 percent ad valorem. Effective January 1, 2004, the rate of duty will be 16.1 percent ad valorem.

Style VV22111 falls within textile category designation 741 and style IV30260 falls within textile category designation 636. Based upon international textile trade agreements products of China are currently subject to quota restraints and the requirement of a visa. Products that fall within category 741 are not currently subject to quota restraints or a visa requirement.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.).

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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