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NY 887806

July 28, 1993

CLA-2-62:S:N:N5:360 887806


TARIFF NO.: 6204.43.4030

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz & Silverman 707 Wilshire Boulevard
Suite 5555
Los Angeles, CA 90017

RE: The tariff classification of a ladies' dress from Hong Kong

Dear Mr. Powell:

In your letter dated June 23, 1993, you requested a tariff classification ruling on behalf of Contempo Casuals.

The submitted sample, style 250-142, is a woman's dress constructed from two fabrics. The front of the garment is consists of 100 percent polyester lace fabric covering 95 percent cotton, 5 percent spandex knit fabric. The underlying knit fabric does not form a complete garment. The back of the garment is constructed from the cotton spandex knit fabric. As requested, your sample will be returned to you.

The dress features spaghetti straps made of the knit fabric, a fitted bodice and a back zipper. The lace is embellished with beading and embroidery and has a scalloped hem. The front hem of the knit fabric is 1 1/2 inches shorter than the the back of the dress and the lace fabric.

Your letter also indicates:

Surface area: polyester - 54.5 percent cotton/spandex - 45.5 percent

Weight: polyester - 0.125 lb cotton - 0.405 lb spandex - 0.020 lb

Value: polyester - $1.00 cotton - $1.83 spandex - $0.096

All figures stated in your letter are subject to verification at the time of entry and may affect the classification and category information indicated below.

The applicable subheading for the dress will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTS), 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 aaaaa(other than swimwear): Dresses: Of synthetic fibers: Other: Other: Other: Women's. The rate of duty will be 17 percent ad valorem.

The dress falls within textile category designation 636. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement and are currently not subject to 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 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.


Jean F. Maguire
Area Director

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