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NY 893581

January 26, 1994

CLA-2-62:S:N:N5:360 893581


TARIFF NO.: 6204.49.5060; 6211.49.0020

Mr. Lawrence Kelter
Advantage USA Ltd.
1450 Broadway
New York, NY 10018

RE: The tariff classification of a woman's woven dress and jumpsuit from Hong Kong

Dear Mr. Kelter:

In your letter dated December 17, 1993, you requested a tariff classification ruling.

Two women's garments were submitted with your request. Both garments are constructed of knit and woven fabrics. Style 7318 is a sleeveless, V-neck dress. The garment features a five button partial front opening, side pockets, a rear center vent and a rear adjustable tie. Style 7319 is a long sleeved, woman's jumpsuit. The garment covers the body from the nape of the neck in the back to the ankles. It consists of an upper and lower portion divided by a seam at the waist. The garment features a V-neck, a five button partial front opening, side pockets, and a rear adjustable tie.

Each garment has an upper portion constructed from 80 percent cotton and 20 percent nylon boucle knitted fabric and a lower portion constructed from 100 percent linen woven fabric. Neither the knitted nor the woven portion of the garments provide the essential character. The General Rules of Interpretation (GRI) provide the principles used in classifying merchandise. GRI 3(c) directs that when an essential character determination cannot be made the item will be classified under the heading which occurs last in numerical order among those which equally merit consideration. Accordingly, the garments will be classified as woven garments under the appropriate headings in Chapter 62.

The applicable subheading for style 7318 will be 6204.49.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' suits, ensembles, suit-type jackets, blazers, dresses... Of other textile materials: Other: Other. The rate of duty will be 7.5 percent ad valorem. The applicable subheading for style 7319 will be 6211.49.002030 Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, women's or girls': Of other textile materials: Other: Coveralls, jumpsuits and similar apparel. The rate of duty will be 7.8 percent ad valorem.

Style 7318 falls within textile category designation 836; style 7319 within category 859. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement.

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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