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NY K89851




October 18, 2004

CLA-2-62:RR:NC:N3:360 K89851

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3050

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women's dresses from Sri Lanka

Dear Ms. Greener:

In your letter dated September 23, 2004, you requested a ruling on tariff classification. The submitted sample will be returned to you as requested.

Style 012-0966 is a strapless women’s dress constructed from 100 percent cotton woven fabric. The dress extends from the top of the bust to above the knees and features a smocked bodice and a double-layered skirt.

You have referred to this garment as a swimsuit cover-up and asserted classification under subheading 6211.42.0081, HTS, which provides for other women’s garments. We disagree. In HQ ruling 966816 of May 19, 2004, a distinction was made between garments designed to be worn over or with swimwear such as beach robes or similar garments, and those that are casual wear:

We note that your submission completely ignores an entire range of garments that are like the beach shift, items of apparel specifically for use at the beach, often designed to be worn over or with swimwear, to allow the wearer to be appropriately dressed in areas of a resort or cruise ship, or shops along a boardwalk, other than when actually on the beach or at a pool, while not getting fully dressed.

Heading 6211 covers garments which are not more specifically provided for in the preceding headings of Chapter 62. Based on the styling, length and coverage provided by this garment which allows the wearer to appear in public places outside the beach or pool area, we consider this garment to be a casual wear dress which is more specifically provided for under heading 6204, HTS.

The applicable subheading for style 012-0966 will be 6204.42.3050, 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 cotton: other: other: other: women’s. The rate of duty will be 8.4 percent ad valorem.

Style 012-0966 falls within textile category designation 336. Based upon international textile trade agreements products of Sri Lanka 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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