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NY 805509

January 25, 1995

CLA-2-61:S:N:N5:359 805509


TARIFF NO.: 6104.42.0010; 6204.49.5060; 6110.20.2020

Ms. Mia D. Terlizzi
Pier Air International
153-04 Rockaway Boulevard
Jamaica, NY 11434

RE: The tariff classification of five women's garments from Hong Kong.

Dear Ms. Terlizzi:

In your letter dated November 7, 1994, resubmitted on December 12, 1994, on behalf of Adrienne Vittadini, you requested a tariff classification ruling. Your samples are being returned as requested.

You submitted five garments. Style number P51011 is a woman's one piece dress constructed from knit and woven fabric. The garment simulates a knit pullover worn over a woven skirt. The knit portion of the dress is constructed from 100% cotton, ribbed fabric and features a round piped neckline; shoulder pads; long sleeves with piped ends; a partial back zipper with a hook and eye closure; and two patch pockets with piping in the waist area. An attached 100% nylon, knit lining extends from the neck of the pullover portion to the bottom of the pullover portion. A permanently attached 100% polyester, pleated, woven bottom (skirt simulation) extends from the knit lining. A 100% polyester, woven lining is attached to the pleated portion.

Style number P50510 is a woman's one piece dress constructed from knit and woven fabric. The top portion of the dress is constructed from 100% cotton, knit fabric. The bottom portion of the dress is constructed from 100% polyester, woven fabric. The dress features a mock turtleneck; short, hemmed sleeves; a partial zipper that extends from the neck to below the waist; and a wrap-type bottom with a woven lining.

Style numbers P50311 and P50312 are women's one-piece, high- waisted dresses constructed from knit and woven fabric. The top portion of each dress is constructed from 32% linen, 23% ramie, 45% cotton, rib knit fabric. The remaining woven portion is constructed from 53% linen, 47% rayon, fabric. The dresses
feature round necklines; short sleeves; partial back zippers extending from the knit portion into the woven portion; and flare bottoms. Style P50312 also features shoulder pads, two front, slant pockets, and two side slits.

Style number P25630 is a woman's sleeveless pullover-style sweater constructed from 100% cotton, coarsely knit and finely knit fabric. The garment features a round roll-type neckline; rolled sleeve openings; and a hemmed bottom. From the neck to just below the chest, the sweater is composed of the coarsely knit fabric. The remaining portion is composed of the finely knit fabric.

The essential character for Styles P51011 and P50510 is imparted by the knit portion. For Styles P50311 and P50312, the woven portion imparts their essential character; and for Style P25630, the coarsely knit portion gives it the essential character; Harmonized Tariff Schedule of the United States(HTS), General Rules of Interpretation (GRI)3(b), noted.

The applicable subheading for Styles P51011 and P50510 will be 6104.42.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's dresses, knitted: of cotton. The duty rate will be 12.1% ad valorem. The applicable HTS subheading for Styles P50311 and P50312 will be 6204.49.5060, which provides for women's dresses: of other textile materials: other: other: other. The duty rate will be 7.4% ad valorem. The applicable HTS subheading for Style P25630 will be 6110.20.2020, which provides for women's sweaters, knitted: of cotton: other. The duty rate will be 20.3% ad valorem.

Styles P51011, P50510 fall within textile category designation 336. Styles P50311 and P50312 fall in category 836. Style P25630 falls in category 345. Based upon international textile trade agreements products of Hong Kong are subject to visa requirements.

The designated textile and apparel categories 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.


Jean F. Maguire
Area Director
New York Seaport

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