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NY L87856




October 20, 2005

CLA-2-61:RR:NC:N3:353 L87856

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Mr. Randy Williams
Seasons, USA Inc.
18644 E. Powers Lane
Aurora, CO 80015

RE: The tariff classification of a dance skirt from China.

Dear Mr. Williams:

In your undated letter you requested a classification ruling. The sample will be returned to you as requested.

The submitted sample, style 3962 is a girl’s-size dance skirt composed of sheer knit 100% polyester fabric with an elastic waistband and a decorative bow at the side of the waist. The item is worn over dance leotards.

 Heading 6114 covers knitted and crocheted garments that are not included more specifically in the preceding headings of chapter 61. Explanatory Note 5 to 61.14 states that "The heading includes, inter alia : (5) special articles of apparel used for certain sports or for dancing or gymnastics (e.g., fencing clothing, jockey’s silks, ballet skirts, leotards).

The applicable subheading for the dance skirt will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for " Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Women’s or Girls’." The rate of duty will be 14.9 percent ad valorem. The textile category designation is 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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