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NY K89069





September 27, 2004

CLA-2-61:RR:NC:WA:361 NY K89069

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.53.3010

Ms. Sophia Spoltore
Milgram Freight Services Ltd.
407 McGill Street, Suite 500
Montreal (Quebec) Canada H2Y 2G7

RE: The tariff classification of a woman’s skirt from China.

Dear Ms. Spoltore:

In your letter dated August 26, 2004, you requested a classification ruling for woman’s skirt on behalf of the Ishyu Group. The sample will be returned, as requested.

The submitted garment, style 80-7442, is a woman’s skirt made from two different fabrics. One is 100 percent silk woven satin fabric, the other is 100 percent nylon openwork (not knit) fabric. The two fabrics are used in the skirt as follows: The openwork fabric covers the top seven inches of the garment The next ten inches are made up of alternating vertical rectangular and triangular strips The next section is a five-inch satin flounce The final section is a two-inch strip of the openwork fabric. The fully lined skirt has a side opening with a zipper closure, and a hook and eye closure at the top.

As noted above, the garment is made up of two different types of fabric, classifiable under two different subheadings, 6204.53 (openwork nylon fabric) and 6204.59 (satin silk fabric). Such garments are considered composite goods, with the classification determined by the fabric that provides the essential character. In this case, the openwork nylon fabric provides the essential character. Therefore, the garment is considered to be of synthetic fiber, under subheading 6204.53.

The applicable subheading for the skirt will be 6204.53.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sskirts: Of synthetic fibers. The duty rate will be 16% ad valorem.

The skirt falls within textile category designation 642. Based upon international textile trade agreements products of China 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.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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