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NY L87078





September 22, 2005

CLA-2-62:RR:NC:N3:360 L87078

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030

Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

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

Dear Ms. Cumins:

In your letter dated August 29, 2005, you requested a classification ruling on behalf of Warnaco Swimwear Group. The submitted sample will be returned to you as requested.

Style 1510926 is a woman’s dress constructed from 100 percent polyester woven fabric. The pullover dress features long sleeves, a V-neckline, side vents extending five inches upward from the hem and a self-fabric tie belt and belt loops.

You have suggested classification of style 1510926 under subheading 6204.43.0010, HTS, which provides for women’s dresses of synthetic fibers with two or more colors in the warp and or the filling. The fabric comprising the dress is printed and is excluded from this statistical breakout.

The applicable subheading for style 1510926 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.

Style 1510926 falls within textile category designation 636. 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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