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NY N013458




July 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.49.5050

Mr. Jimmy Wong
Keystone International Logistics, Inc.
One Cross Island Plaza
Suite 229A
Rosedale, NY 11422

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

Dear Mr. Wong:

In your letter dated June 8, 2007, you requested a classification ruling on behalf of Mint Collection. Your sample will be returned as requested.

Submitted sample, style #F2075037, is a woman’s dress constructed from two woven fabrics. The front right panel is constructed from 100 percent silk woven fabric and comprises ¾ of the front and the left front panel is constructed from 82 percent rayon and 18 percent silk woven velvet fabric and comprises the remainder of the front. The left back panel is composed of the velvet fabric and comprised ¾ of the back and the remainder of the back panel is composed of the silk fabric. The pullover garment features a round neckline, short sleeves, a button and loop closure at the back of the neck. The garment also has four off center, non-functional buttons, down the front , and pleats on the right front panel and hemmed bottom.

The woven silk component imparts the essential character of the garment; therefore, the garment will be classified based upon 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 under the heading for 6204, HTS.

The applicable subheading for the style F2075037 will be 6204.49.5050, 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: other: other: of silk. The duty rate will be 6.9 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 F2075037 falls within textile category 836. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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