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NY L88796




December 1, 2005

CLA-2-61:RR:NC:TA:359 L88796

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.44.2010

Mr. Patrick Pascarella
Sea Air & Land Logistics
57 Doxbury Lane
Suffern, NY 10901

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

Dear Mr. Pascarella:

In your letter dated October 21, 2005, on behalf of Presidio International, Inc., you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style number W5R536MA, is a woman’s sleeveless dress constructed from 100% rayon, knit fabric. The dress extends from the shoulders to below mid-thigh and features spaghetti straps, a scoop back and front, a permanently attached sash extending from the neckline to the bottom area, and an asymmetrical bottom.

The applicable subheading for the dress will be 6104.44.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s dresses, knitted: of artificial fibers: other: women’s. The duty rate will be 14.9% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The dress 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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