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NY K83749





April 1, 2004
CLA-2-61:RR:NC:TA:359 K83749

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.42.0010

Mr. Anthony LoPresti
S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, New York 11581

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

Dear Mr. LoPresti:

In your letter dated March 8, 2004, you requested a classification ruling on behalf of Theory LLC.

Your sample, style Lidie B, is a woman’s tube-style dress that will be constructed from either 100% cotton or 75% cotton, 25% nylon knit fabric. The garment is sleeveless and extends to the upper thigh 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, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: dresses: of cotton: women’s. The duty rate will be 11.5% ad valorem.

The dress falls within textile category designation 336. Based upon international textile trade agreements this product from Hong Kong is subject to quota and requires 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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