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NY N014971




August 14, 2007

CLA-2-61:RR:NC:3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2020: 6104.63.2028

Mr. Michael Lambert
Limited Customs Services, Inc.
Two Limited Parkway
Columbus, OH 43230

RE: The tariff classification of a girl’s dress and leggings from China.

Dear Mr. Lambert:

In your letter dated July 20, 2007, on behalf of Mast Industries, Inc., you requested a classification ruling. As requested, the sample will be returned to you.

The submitted sample, style #100316 consists of a dress and a legging pant constructed of 62% polyester, 34% rayon, 4% spandex knit jersey fabric. The dress features a scoop neck with self-capping, quarter length self-capped sleeves, an empire waist with a back tie and a hemmed bottom. The dress reaches to the wearer’s mid thigh. The pants feature an enclosed elasticized waist and feature a hemmed bottom.

The applicable subheading for style #100316 (dress) will be 6104.43.2020, 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, knitted or crocheted: dresses: of synthetic fibers: other, girls’. The duty rate will be 16 percent ad valorem.

The applicable subheading for style #100316 (pants) will be 6104.63.2028, 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, knitted or crocheted: trousers, bib and brace overalls: of synthetic fibers: other: other, trousers and breeches: girls’: other: other. The duty rate will be 28.2 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 #100316 (dress) falls within textile category 636. Style #100316 (pants) falls within textile category 648. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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