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NY N023835




March 5, 2008

CLA-2-62:OT:RR:NC:TA:360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.49.1000

Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
Attorneys At Law
888 Seventh Avenue
Suite 4500
New York, NY 10106

RE: The tariff classification of women’s dresses from China

Dear Mr. Zelman:

In your letter dated February 21, 2008, you requested a classification ruling on behalf of Susana Monaco, Inc. Your samples will be returned as requested.

Submitted sample, style #O8Bb3497, is a woman’s dress constructed from 100% silk woven fabric. The pullover dress features an elasticized top edge, adjustable spaghetti straps, a three tier layered look and a hemmed bottom. The top back edge is cut straight across from side seam to side seam leaving the shoulders and upper back bare.

Submitted sample, style #38B3166, is a woman’s dress composed of two layers of woven fabric that are both 100% silk. The bottom layer extends about for inches below the top layer. The pullover dress features an elasticized top edge, an empire waist, is elasticized at the back waist and has an attached self-fabric tie at the side waist. The top back edge is cut straight across from side seam to side seam leaving the shoulders and upper back bare.

The applicable subheading for the styles O8Bb3497 and 38B3166 will be 6204.49.1000, 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): dresses: of other textile materials: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 6.9 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/.

Both styles fall within textile category 736. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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