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NY 800820




September 7, 1994

CLA-2-62:S:N:N5:360 800820

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.41.0010; 6204.44.4010

Ms. Karen Anarumo
Donna Karan Company
600 Gotham Parkway
Carlstadt, NJ 07072

RE: The tariff classification of women's knit/woven dresses from Hong Kong Dear Ms. Anarumo:

In your letter dated August 3, 1994, you requested a tariff classification ruling.

The submitted samples, styles 2775, 2774 and 2770, are women's dresses constructed from knit and woven fabrics. The samples will be returned to you as requested.

Style 2775 is an ankle length dress constructed from a knit top portion of 100 percent cashmere and a woven bottom of 36 percent rayon, 35 percent wool and 29 percent silk. The dress features a boat-shaped neckline; long hemmed sleeves; and a hemmed bottom.

Style 2774 is an ankle length dress constructed from a knit top portion of 100 percent cashmere and a woven bottom of 36 percent rayon, 35 percent wool and 29 percent silk. The tank styled dress features a round neckline and a hemmed bottom.

Style 2770 is a calf length dress and is constructed from a woven top portion of 60 percent acetate and 40 percent rayon and a knit bottom of 100 percent wool. The tank styled dress features a scoop neckline and a hemmed bottom.

With your letter you submitted the following information:

STYLE # 2775:
% KNIT % WOVEN

SURFACE AREA 33.33 66.67
WEIGHT 35.63 66.67
VALUE 51.18 48.82

STYLE # 2774:
% KNIT % WOVEN

SURFACE AREA 20 80
WEIGHT 25.33 74.67
VALUE 39.12 60.8

STYLE # 2770:
% KNIT % WOVEN

SURFACE AREA 41.67 58.33
WEIGHT 64.37 35.63
VALUE 40.87 59.13

The essential character of style 2775 is imparted by the knit portion; while styles 2774 and 2770 will be classified as woven garments.

The applicable subheading for style # 2775 will be 6104.41.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' suits, ensembles, suit-tpe jackets, blazers, dresses...knitted or crocheted: dresses: of wool or fine animal hair, women's. The rate of duty will be 17 percent ad valorem.

The applicable subheading for styles 2774 and 2775 will be 6204.44.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls'suits, ensembles, suit-type jackets and blazers, dresses, ... Of artificial fibers: Other: Women's. The rate of duty will be 17 percent ad valorem.

Style 2775 falls within textile category designation 436; styles 2774 and 2770 within category 636. Based upon international textile trade agreements, products of Hong Kong 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 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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