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NY N025741




April 25, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010

Ms. Gail T. Cumins
Sharretts, Paley, Carter, & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

RE: The tariff classification of three women’s knit dresses from China or Bangladesh.

Dear Ms. Cumins:

In your letter dated April 5, 2008 you requested a classification ruling on behalf of your client A.R. Knitwear Co., Inc. As requested, your samples are being returned to you.

You submitted three samples of junior sized women’s dresses. Style 10973 is constructed from 100% acrylic jersey fabric. The garment features a cable stitching down the front panel, a 1x1 rib knit turtleneck collar, short sleeves with a 1x1 rib knit finish, and a 1x1 rib knit bottom finish. The garment extends from the shoulders to the lower thigh area.

Style RM03J is constructed of 100% acrylic jersey fabric. The dress features cable stitching on the front panel, a 2x2 rib knit shawl collar, short sleeves with a 2x2 rib knit finish, and a 2x2 rib knit bottom finish. The garment extends from the shoulders to above the knee area.

Style TF02J is constructed of 100% acrylic jersey fabric. The dress features a cable stitch on the front bodice and sleeves, a 2x2 rib knit turtleneck collar with five button closures, short sleeves, two front pockets with buttons on the lower front panel, and a 2x2 rib knit bottom finish. The garment extends from the shoulders to the mid-thigh.

We require finished production samples in a size medium of styles TF03J and TF04J to issue a ruling on these garments.

The applicable subheading for style styles 10973, RM03J, and TF02J 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 synthetic 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/.

Styles 10973, RM03J, and TF02J fall 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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