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NY 852849

June 7, 1990

CLA-2-62:S:N:N3-I:360 852849

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3050

Mr. J.F. Fritz
Norman Krieger, Inc.
P.O. Box 92599
Los Angeles, CA 90009

RE: The tariff classification of a woman's dress from Bangladesh, China or Sri Lanka.

Dear Mr. Fritz:

In your letter dated May 22, 1990, on behalf of your client, Joni Blair of California, you requested a tariff classification ruling.

The submitted sample, style 2859 JX, is a woman's "layered- look", pullover dress, which is constructed from knit and woven fabrics. The knit fabric, which is solid in color, is composed of 65% polyester and 35% cotton; the woven fabric, which is printed with a vertical stripe, is composed 100% cotton.

The upper portion of the garment simulates the wearing of a short, double-breasted, suit-type jacket (the outer layer) over a short, sleeveless dress (the inner layer). The "jacket" layer and the lower (skirt) portion of the "dress" layer are constructed from the woven fabric, while the upper portion of the "dress" layer is constructed from the knit fabric. The "jacket" and "dress" layers of the garment are permanently joined to each other at the shoulder seams and along the rear portion of the neckline.

The "jacket" layer of the garment also has short sleeves; a full frontal opening secured by four metal buttons; a V-shaped neckline without any collar treatment; shoulder pads; and a free- hanging bottom edge, which falls approximately two inches above the garment's dropped waistline (located on the "dress" layer). The upper (knit) portion of the "dress" layer has a round neckline, and extends to the hips, before becoming permanently joined to the lower (skirt) portion. In addition, its bottom edge falls approximately two inches below the bottom edge of the "jacket" layer.
The garment's entire visible surface area - with the exception of a small area of the upper (knit) portion of the "dress" layer exposed to view by the V-shaped neckline of the "jacket" layer, and the area of the upper (knit) portion of the "dress" layer occupying the space between the bottom edge of the "jacket" layer and the top edge of the lower (skirt) portion - is occupied by the woven fabric component.

The sample which you have submitted with your inquiry is being returned as requested.

The applicable subheading for the garment will be 6204.42.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for women's cotton dresses. The rate of duty will be 12.6 percent ad valorem.

The garment falls within textile category designation 342. Based upon international textile trade agreements, products of Bangladesh, China or Sri Lanka are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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