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NY N018275




October 31, 2007

CLA-2-61:OT:RR:NC:TA:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010

Ms. Maria Julia
Newport News Holdings Corporation
711 Third Avenue, 4th Floor
New York, NY 10017

RE: The tariff classification of woman’s knit dress from Vietnam.

Dear Ms. Julia:

In your letter dated October 4, 2007 you requested a classification ruling. As requested, your sample is being returned to you.

Your sample, style S08-61-083, is a set comprised of a woman’s sleeveless dress constructed from 100% nylon knitted fabric with a 100% polyester knit lining and a detachable artificial flower that is pinned on the garment’s waist. The dress features a v-shaped front neckline, a rear zippered closure that extends to below the waist, a gathered crossover front, and a hemmed bottom. The dress extends from the shoulders to the knee area.

The dress and artificial flower are considered as a set. The essential character is imparted by the dress. Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted.

The applicable subheading for the set will be 6104.43.2010, 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: dresses: of artificial fibers: other: women’s. The duty rate will be 16% 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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