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NY K89934




November 5, 2004

CLA-2-62:RR:NC:N3:360 K89934

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.49.1000, 6211.49.1050, 6211.49.1090

Nancy J. Scovell
Import Manager
Thornley & Pitt, Inc.
126 Hawthorne Street
San Francisco, CA 415-986-6526

RE: The tariff classification of women’s woven garments from China

Dear Ms. Scovell:

In your letter dated October 7, 2004, on behalf of Mary Green Enterprises, you requested a classification ruling on three women’s garments. The submitted samples will be returned as requested.

The three submitted garments, styles 282, 283,and 284, are made from 100% georgette silk woven fabric with 100% nylon fringe. The fringe fabric does not obscure the underlying fabric. Each garment also features decorative rhinestone and metal trim. Style 282 is a thong-like garment. Style 283 is a camisole with a shaped neckline and ¼ inch wide shoulder straps. Style 284 is a chemise-styled dress that extends to the knees and features ¼ inch wide shoulder straps.

Although you have described Mary Green Enterprises as an importer of men’s and women’s sleep wear and lingerie, the heavy trim materials, extensive fringe and metal and rhinestone trim, are not typical features of garments classifiable under heading 6208, HTS. Accordingly, the garments will be classified as follows.

The applicable subheading for style 282 will be 6211.49.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of other textile materials: containing 70 percent or more by weight of silk or silk waste, other. The duty rate will be 1.2 percent ad valorem.

The applicable subheading for style 283 will be 6211.49.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of other textile materials: containing 70 percent or more by weight of silk or silk waste, blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The duty rate will be 1.2 percent ad valorem.

The applicable subheading for style 284 will be 6204.49.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ dresses: of other textile materials: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 6.9 percent ad valorem.

Style 282 falls within textile category designation 759, style 283 within textile category designation741, and style 284 within textile category designation 736. Based upon international textile trade agreements products of China are not 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 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. 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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