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NY N026484




May 14, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010

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

RE: The tariff classification of woman’s knit dress from China or Bangladesh.

Dear Ms. Cumins:

This letter replaces the ruling letter we sent to you under file number N023277. The purpose of this replacement letter is to correct the classification based on revised garment specifications. A new sample that extends to the mid-thigh, rather than the previous sample that extended to the upper-thigh area, has been submitted. A corrected letter follows.

In your letter dated April 18, 2008 you requested a classification ruling on behalf of your client A.R. Knitwear Co., Inc. As requested, your sample is being returned to you.

The submitted sample, style 11060, is a woman’s dress that is constructed from 70% acrylic, 27% polyester, and 3% spandex knit fabric. The size medium sample of style 11060 is a woman’s junior-sized dress that you have indicated corresponds to a size 7/9. You have indicated that when imported, the style number may also include letter suffixes which represent the buyer but do not represent a different style. The garment features a turtleneck collar, a cable stitch on the upper front panel, short sleeves, and a straight bottom. The collar, sleeve endings, and garment bottom have a 2x2 ribbed knit fabric finish. The dress extends to the mid-thigh on both our junior size 7 and junior size 9 mannequins.

The applicable subheading for the dress 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/.

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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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