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NY C84387

March 9, 1998

CLA-2-62:SF G03 C84387


TARIFF NO.: 6204.43.4020, 6211.43.0091, 6217.10.8500

Frank Prackler
Harold I. Pepper Co., Inc.
181 South Franklin Avenue, Suite 218
Valley Stream, NY 11581

RE: The tariff classification of girls' sundresses, bloomer style panties and headbands from the Philippines

Dear Mr. Prackler:

In your letter dated February 12, 1998 you requested a tariff classification ruling on behalf of your client, Tawil Assoc., Inc.

The submitted items, Styles V5888 and V5887 are all made from yarn dyed woven plaid fabrics which you state are 65% polyester and 35% cotton. Style V5887 is a sleeveless dress with a full back opening secured by 5 plastic buttons. The upper yoke portion and the lower skirt portion are made of a solid pique fabric. A decorative patch pocket on the lower left front area of the skirt has applique highlights. Style V5888 is a sleeveless sundress with narrow shoulder straps which button to the upper corners of a bib top. Lace ruffle trim is attached to the outer edge of these straps in such a way as to create a cap sleeve. There are appliques on the lower portion of the skirt and the bottom of the garment is finished with a narrow ruffle of eyelet. Both styles have a pull-on bloomer style panty which serves as a diaper cover. The waistband of these bloomers is covered elastic and the leg openings are surrounded by a narrow band of elastic sewn to the interior surface in such a way as to create a ruffle effect. In addition, there is a narrow self fabric covered elastic headband with a permanent bow. In a telephone conference call your client confirmed that both of these styles will be imported in girls' sizes, 2T, 3T and 4T.

The applicable subheading for the dresses will be 6204.43.4020, 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 (other than swimwear): Dresses: Of synthetic fibers: Other: Other: With two or more colors in the warp and/or the filling: Girls'. The rate of duty will be 16.6 percent ad valorem.

The applicable subheading for the bloomers will be 6211.43.0091, HTS, which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of man-made fibers: Other. The rate of duty will be 16.6 percent ad valorem.

The applicable subheading for the headbands will be 6217.10.8500, HTS, which provides for Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Headbands, ponytail holders and similar articles. The rate of duty will be 15.1 percent ad valorem. The dresses fall within textile category designation 636 and the bloomers within 659. Based upon international textile trade agreements, products of the Philippines are subject to quota and the requirement of a visa. Note that the headbands have no category and are not subject to quota.

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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.


Alice M. Rigdon
Port Director

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