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NY L88206




November 17, 2005

CLA-2-62:RR:NC:N3:360 L88206

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.9090

Mary Kornowske
Import Manager
Sweetface Fashion Company, LLC
1071 Avenue of the Americas
Suite 502
New York, NY 10018

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

Dear Ms. Kornowske:

In your letter dated October 24, 2005, you requested a classification ruling.

The submitted sample, style S6049173 is a women’s full body garment made from 52% silk and 48% cotton woven fabric. The sleeveless garment extends from the shoulders to below mid-calf and has a three-button closure at the bust that leaves the garment open from below the bust to the hemline. The garment features a halter neck treatment and is embellished with lace, bugles and ribbon.

You question whether the garment is considered a dress or a jumper for tariff purposes. The garment is not classified as a dress as it cannot be worn alone due to the open, flyaway front. Your alternate classification as a jumper is also incorrect. Jumpers are garments similar to sleeveless dresses that provide insufficient coverage, such as oversized arm openings or plunging necklines, which require the wearer to don another upper body garment. This garment provides no front coverage below the bust and is designed to be worn over a full-length garment such as a dress. As such, it is not considered a jumper.

Accordingly, the applicable subheading for style S6049173 will be 6211.49.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of other textile materials: other, other. The duty rate will be 7.3 per cent ad valorem.

Style S6049173 falls within textile category designation 859. 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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