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NY M80387




March 24, 2006

CLA-2-62:RR:NC:N3:360 M80387

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030; 6211.43.0091

Ms. Stephanie Clark
Agra-Services Brokerage Co., Inc.
221-20 147th Avenue
Jamaica, NY 11413

RE: The tariff classification of a woman’s dress and upper body garment from India

Dear Ms. Clark:

In your letter dated March 7, 2006, you requested a tariff classification ruling on behalf of Burbank Apparel Group Ltd. The submitted sample will be returned to you as requested.

Style 9252 consists of a woman’s dress and an upper body garment constructed from 100 percent polyester woven fabric. The dress is sleeveless and features a scooped neckline, a flounced hem, a back zipper closure and a lining. The upper body garment features a round neckline and a full front opening secured by a button and loop closure. The garment extends from the shoulders to below the hip area and is open at the sides.

The applicable subheading for the dress will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), 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.

The applicable subheading for the upper body garment will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls: of man-made fibers: other. The duty rate will be 16 percent 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 and the upper body garment falls within textile category designation 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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