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NY N012798




July 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0060; 6204.42.3050; 6204.43.4030

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

RE: The tariff classification of women’s garments from China

Dear Ms. Clark:

In your letter dated June 11, 2007, you requested a classification ruling on behalf of August Silk. Your samples will be returned as requested.

Submitted sample, style #LQMU0761, is a woman’s blouse constructed from 88% viscose and 12% polyester woven fabric. The garment extends approximately 29 inches from the shoulder to the upper thigh. The pullover garment is collarless and features long sleeves with buttoned cuffs, a round neckline, a partial front opening secured by eleven self-covered buttons, side seam pockets, a hemmed bottom and decorative trim around the cuffs and partial front opening.

Submitted sample, style #LQMU1037, is a woman’s dress composed of two woven components. The bodice, which extends from the shoulder to the waist, is constructed from 98% cotton and 2% spandex woven fabric. The bottom portion is constructed from 100% wool woven fabric. The pullover garment features a collar, long sleeves with buttoned cuffs, and a partial front opening secured by seven buttons.

The essential character of the dress is imparted by the cotton woven bodice. The garment will be classified based on GRI 3 (b), which states that garments will be classified by the component which gives them their essential character. As such, the garment is classified as a women’s cotton woven dress under heading 6204, HTS.

Submitted sample, style #LQMU1023, is a woman’s dress constructed from 55% polyester, 36% viscose, 7% wool and 2% spandex. The fully lined pullover dress is sleeveless with shoulder straps of approximately one and half inches in width and features a scoop neckline in the front and a square neckline in the back, side seam pockets and a self-fabric tie.

The applicable subheading for the style LQMU0761 will be 6211.43.0060, 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: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206. The duty rate will be 16 percent ad valorem.

The applicable subheading for the style LQMU1037 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.

The applicable subheading for the style LQMU1023 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.

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/.

Style LQMU0761 falls within textile category 641; style LQMU1037 falls within textile category 336 and style LQMU1023 falls 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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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