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NY L84244




May 11, 2005

CLA-2-62:RR:NC:N3:360 L84244

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030; 6214.40.0000

Ms. Melissa Fox
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a woman’s dress and shawl from China

Dear Ms. Fox:

In your letter dated April 22, 2005, you requested a tariff classification ruling on behalf of Halmode Apparel. The submitted sample will be returned to you as requested.

Style 61-55314 consists of a woman’s dress and shawl-like garment. The dress is constructed from 100 percent polyester woven fabric. The dress features a shaped front neckline, an empire waist, 1 5/8 inch wide shoulder straps and a side zipper closure. The shawl-like garment is constructed from 73 percent acetate, 20 percent cotton and 7 percent nylon woven fabric. The garment measures 42 inches in length and has a tie closure.

The applicable subheading for the dress will be 6204.43.4030, 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 synthetic fibers: other: other: other: women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for the shawl-like garment will be 6214.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for shawls, scarves, mufflers, mantillas, veils and the like: of artificial fibers. The duty rate will be 5.3 percent ad valorem.

The dress falls within textile category designation 636 and the shawl-like garment falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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