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NY N013969




July 20, 2007

CLA-2-61:RR:NC:3:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.44.2010

Ms. Krystal Mehnert
The Donna Karan Company LLC
580 Gothan Parkway
Carlstadt, NJ 07072

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

Dear Ms. Mehnert:

In your letter dated July 6, 2007 you requested a classification ruling. As requested, your sample is being returned to you.

The submitted sample, style P477473FA, is a woman’s sleeveless dress composed of knit and woven components. The top portion of the dress is constructed of a 95% rayon and 5% spandex knitted fabric and the bottom portion is constructed of a 97% cotton and 3% spandex woven fabric. The knitted top portion has a scooped neckline and extends below the waist. A zipper runs along the left side seam from under the arm through the waist of the dress. The woven lower portion has two inset pockets below the waist and a hemmed bottom. The dress is of a length that reaches just to the knee. The essential character of the garment is imparted by the knitted fabric component in accordance with the General Rules of Interpretation (GRI 3 (b)).

The applicable subheading for the dress will be 6104.44.2010, 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), knitted or crocheted (con): dresses: of artificial fibers: other: women’s. The duty rate will be 14.9% 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 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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