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NY N003191




December 5, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010

Ms. Melissa Fox
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of women’s dresses from Cambodia and Indonesia.

Dear Ms. Fox:

In your letter dated November 9, 2006, on behalf of Dorby Group, Inc., you requested a classification ruling. Your samples are being returned as requested.

The submitted sample, style number 8572132, is a woman’s one-piece dress that is constructed from knit and woven fabric. The upper portion of the dress, extending to the waist, is constructed from 93% polyester, 7% spandex knit fabric. The garment simulates a V-neck wrap style hemmed pullover worn over a round neck dress. The upper knit portion features a round neckline, long hemmed sleeves, an elasticized waist. The lower portion of the dress, extending to the knee area, is constructed from 100% polyester woven fabric and features a knit lining and a straight bottom. The dress has a self-fabric knit tie at the waist on the left side.

The submitted sample, style number 8572119, is a woman’s one-piece dress that is constructed from knit and woven fabric. The upper portion of dress, extending to the waist, is constructed from 93% polyester, 5% spandex knit fabric. The garment simulates a V-neck wrap style pullover with long hemmed sleeves worn over a round neck dress. The lower portion of the dress, extending from the waist to the knee area, is constructed from 100% polyester woven fabric and features a knit lining and a straight bottom.

The submitted sample, style 8572123, is a woman’s one-piece dress that is constructed from knit and woven fabric. The upper portion of the dress, extending to the waist, is constructed from 93% polyester, 7% spandex knit fabric. The garment simulates a V-neck, belted, long sleeve cardigan worn over a round neck dress. The lower portion, extending to the knee area, is constructed from 100% polyester woven fabric featuring a knit lining and a straight bottom.

The essential character of styles 8572132, 8572119 and 8572123 is given by the upper knit portions; Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for styles 8572132, 8572119 and 8572123, will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s dresses, knitted: of synthetic fibers: other: women’s. The duty rate will be 16% 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/.

Styles 8572132, 8572119 and 8572123 fall within textile category 636. 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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