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NY K85673




May 14, 2004

CLA-2-62:RR:NC:N3:360 K85673

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030; 6211.43.0076

Ms. Melissa Fox
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification of a woman's dress and vest from Indonesia

Dear Ms. Fox:

In your letter dated April 28, 2004, you requested a tariff classification ruling on behalf of Halmode Apparel. The submitted sample will be returned to you as requested.

Style 19-343332 consists of a women’s dress and vest constructed from 100 percent polyester woven fabric. The dress is sleeveless and features a scooped neckline, a back zipper closure, a lining and a back vent. The vest features oversized armholes, a V-neckline with a self-fabric tie and a collar. The vest provides insufficient coverage for wear without another outer garment.

The applicable subheading for the dress 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: other: women’s. The rate of duty will be 16 percent ad valorem.

The applicable subheading for the vest will be 6211.43.0076, 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 man-made fibers: vests: other. The rate of duty will be 16 percent ad valorem.

The dress falls within textile category designation 636 and the vest falls within textile category designation 659. Based upon international textile trade agreements products of Indonesia are currently subject to quota restraints 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 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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