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NY N022418





February 12, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010

Mr. Ray Sung
Ray H. Sung CHB
265 E. Redondo Beach Blvd.
Gardena, CA 90248

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

Dear Mr. Sung:

In your letter received January 11, 2008 you requested a tariff classification ruling on behalf of O & K Inc. d/b/a One Clothing. We are returning your sample as per your request.

The submitted sample, style IMG-2231, is a women’s short sleeve dress that is constructed from 90% polyester 10% spandex knit fabric. The dress features a rounded neckline with a keyhole opening on the back that has a one button closure, side patch pockets on either thigh and a hemmed bottom. The dress extends to just above the knee. The garment provides adequate coverage to warrant classification as a dress under 6104, HTSUS.

The applicable subheading for style IMG-2231 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, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: dresses: of synthetic fibers: other: Women’s. The rate of duty will be 16%.

Style IMG-2231 falls within textile category designation 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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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