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NY N004167




December 15, 2006

CLA-2-62:RR:NC:TA:360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3050; 6211.42.0081

Mr. Bradley Menard
Customs Compliance Manager
Fossil Partners
2280 N. Greenville Avenue
Richardson, TX 75082

RE: The tariff classification of women’s wearing apparel from Hong Kong

Dear Mr. Menard:

In your letter dated October 17, 2006 and additional information received on December 7, 2006, you requested a classification ruling. The submitted samples will be returned to you as requested.

Style FW107-04 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features a V-neckline with a partial opening secured by three buttons, adjustable shoulder straps, a partial side opening secured by four button and loop closures, an empire waist and an attached self-fabric tie. The top back edge is cut straight across from side seam to side seam.

Style FW307-04 is a woman’s upper body garment constructed from 100 percent cotton woven fabric. The garment features a shaped front neckline, adjustable shoulder straps and pintucks on the bodice. The upper back panel has smocking detail at the center. The top back edge is cut straight across from side seam to side seam.

Style FW307-11 is a woman’s dress constructed from 100 percent cotton woven fabric. The dress that features a wrap bodice with self-fabric ties, spaghetti straps, a side zipper closure, a lining and a full body.

The applicable subheading for styles FW107-04 and FW307-04 will be 6211.42.0081, 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 cotton: other. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for style FW307-11 will be 6204.42.3050, 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 cotton: other: other: other: other: women’s. The duty rate will be 8.4 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/.

Styles FW107-04 and FW307-04 fall within textile category 359 and style FW307-11 falls within textile category designation 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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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