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NY K83056




March 11, 2004
CLA-2-61:RR:NC:WA:361 NY K83056

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010; 6104.53.2010; 6104.63.2006

Mr. Bruce D. Roberts
Eagle Global Logistics
1801 NW 82nd Avenue
Miami, FL 33126-1013

RE: The tariff classification of three women’s knit garments from Vietnam.

Dear Mr. Roberts:

In your letter dated February 6, 2004, on behalf of your client Jantzen Inc., you requested a classification ruling for three women’s garments.

The submitted samples are described as follows:

Style #J50620 - a woman’s dress constructed from 93% nylon and 7% spandex knit fabric. The sleeveless dress is unlined and features a modified U-shaped neckline, elasticized drawstrings at both sides, and a hemmed bottom.

Style #J50622 - a woman’s skirt constructed from 93% nylon and 7% spandex knit fabric. The skirt features a wide elasticized waistband, a drawstring at one side, and a hemmed bottom.

Style #J50624 - a pair of women’s pants constructed from 93% nylon and 7% spandex knit fabric. The pants feature a wide elasticized waistband with a drawstring, and hemmed leg openings with a drawstring.

The applicable subheading for Style J50620 will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s dresses, knitted or crocheted, dresses, of synthetic fibers, other, women’s. The rate of duty will be 16% ad valorem.

Style J50620 falls within textile category designation 636. Based upon international textile trade agreements this category, from Vietnam is presently not subject to quota restraints or visa requirements.

The applicable subheading for the Skirt, Style J50622, will be 6104.53.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ skirts knitted or crocheted, of synthetic fibers, other, women’s. . The rate of duty will be 16% ad valorem.

Style J50622 falls within textile category designation 642. Based upon international textile trade agreements this category, from Vietnam is presently subject to quota restraints and visa requirements.

The applicable subheading for Style J50624, will be 6104.63.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, trousers and breeches, women’s, containing 5 percent of more by weight of elastomeric yarn or rubber thread. The rate of duty will be 28.22 7% ad valorem.

Style J50624 falls within textile category designation 648. Based upon international textile trade agreements this category from Vietnam is subject to quota restraints and visa requirements.

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. 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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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