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NY L88441




November 1, 2005

CLA-2-61:RR:NC:N3:359 L88441

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.1010

Ms. Terry Mahoney
Appleseed’s Inc.
30 Tozer Road
Beverly, MA 01915

RE: The tariff classification of a women’s dress

Dear Ms. Mahoney:

In the preclassification letter L82923, dated March 31, 2005, classification was given for a dress, style 6139. An incorrect tariff number was used to classify the garment, which resulted in an incorrect duty rate and textile category determination. This letter is being issued to correct that error.

Style 6139 is a dress, made of 70% acrylic and 30% wool knit fabric. In PC L82923, the Harmonized Tariff Schedule number (HTS) 6104.43.2010 was given. This number is used for garments which do not contain 23% or more by weight wool or fine animal hair. According to the information supplied by your company, style 6139 contains 30% wool fiber. Therefore, the classification must be changed to reflect this fiber content.

The applicable subheading for style 6139 will be 6104.43.1010, HTS, which provides for Women’s or girls’ suitsdressesknitted or crocheted: Dresses: Of synthetic fibers: Containing 23 percent or more by weight of wool or fine animal hair: Women’s. The duty rate will be 14.9% ad valorem.

Style 6139 falls within textile category designation 436. 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 Camille Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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