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NY L80845




November 24, 2004

CLA-2-62:RR:NC:N3:360 L80845

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.44.4010; 6211.43.0078

Ms. Krisanne Stecklair
Mothers work, Inc.
456 North Fifth Street
Philadelphia, PA 19123

RE: The tariff classification of a woman's maternity dress from India

Dear Ms. Stecklair:

In your letter dated November 11, 2004, you requested a ruling on tariff classification. The submitted sample will be returned to you as requested.

Style 97182 consists of a woman’s maternity dress and jacket constructed from 100 percent rayon woven fabric. The pullover dress is sleeveless and features a V-neckline, an empire waist, self-fabric ties attached at the sides and a full lining. The jacket features long sleeves, a deep V-neckline and a full front opening secured by a self-fabric tie. The jacket extends from the shoulders to just under the bust.

The applicable subheading for the dress will be 6204.44.4010, 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 artificial fibers: other: other: other: women’s. The rate of duty will be 16 percent ad valorem.

The applicable subheading for the jacket will be 6211.43.0078, 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: jackets and jacket-type garments excluded from heading 6202. The rate of duty will be 16 percent ad valorem.

The dress falls within textile category designation 636 and the jacket falls within textile category designation 635. Based upon international textile trade agreements products of India 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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