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NY N017508




October 15, 2007

CLA-2-:RR:NC:TA:359 NY

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.42.0010

Andre Ryu
Wicked Fashion Inc.
222 Bridge Plaza South
Fort Lee, NJ 07024

RE: The tariff classification of a junior knit garment from China

Dear Mr. Ryu:

In your letter received September 21, 2007 you requested a tariff classification ruling. We are returning your sample as per your request.

The submitted sample, style 8123-1561, is a junior “South Pole” brand dress that is constructed from 96% cotton 4% polyester spandex knit fabric. The dress features a v-shaped neckline with a zippered partial front opening, drawstring hood, capped raglan sleeves, a ribbed fabric insert across the hip area and a hemmed bottom. The dress extends to the knee area.

The applicable subheading for style 8123-1561 will be 6104.42.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: dresses: of cotton: Women’s. The rate of duty will be 11.5%.

Style 8123-1561 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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/.

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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