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NY N002912




December 1, 2006

CLA-2-61:RR:NC:TA:359 N002912

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.42.0010

Ms. Alicia Balderas
Sears Holding Corporation
Dept. 733IMP
3333 Beverly Rd. A3-366B
Hoffman Estates, IL 60179

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

Dear Ms. Balderas:

In your letter dated October 27, 2006, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style number ICES76047A, is a woman’s sleeveless dress that extends to the knee area. It is constructed from 80% cotton, 20% polyester terry knit fabric. The dress features tied shoulder straps, an elasticized bodice, side slits, and a hemmed bottom.

The applicable subheading for the dress will be 6104.42.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s dresses, knitted: of cotton: women’s. The duty rate will be 11.5% 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 336. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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