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NY K89117




October 4, 2004

CLA-2-62:RR:NC:N3:360 K89117

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.49.5060; 6211.49.9080

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

RE: The tariff classification of women's dresses and jackets from China

Dear Ms. Weiss-Fox:

In your letter dated September 10, 2004, you requested a tariff classification ruling on behalf of Halmode Apparel. The submitted samples will be returned to you as requested.

Style 20-52310 consists of a woman’s dress and jacket constructed from 55 percent linen and 45 percent rayon woven fabric. The pullover dress is sleeveless and features a U-shaped neckline, a side zipper closure, a lining and has embroidered open work with beading at the front neckline. The jacket is collarless and features short sleeves, shoulder pads, a peplum-like bottom with embroidered openwork with beading on the front and an unsecured full front opening.

Style 20-52309 consists of a dress and jacket constructed from 55 percent linen and 45 percent rayon woven fabric. The dress pullover dress is sleeveless and features a U-shaped neckline, a lining and has embroidery and beading at the front neckline. The jacket features long sleeves with beading at the hem, a collar, shoulder pads and a full front opening secured by a button and loop closure.

The applicable subheading for the dresses will be 6204.49.5060, 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 other textile materials: other: other: other: women’s. The rate of duty will be 6.9 percent ad valorem.

The applicable subheading for the jackets will be 6211.49.9080, 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: other: jackets and jacket-type garments excluded from heading 6202. The rate of duty will be 7.3 percent ad valorem.

The dresses fall within textile category designation 836 and the jackets fall within textile category designation 835. Based upon international textile trade agreements products of China are not currently subject to quota restraints or 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 360 at 646-733-3000.

Sincerely,

Robert B. Swierupski
Director,

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