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NY D85252




December 18, 1998

CLA-2-62:RR:NC:TA:360 D85252

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030; 6204.53.3010; 6206.40.3030

Ms. Cristina Calvi
BCBG
2761 Fruitland Avenue
Vernon, CA 90058

RE: The tariff classification of women's wearing apparel from China and/or Hong Kong

Dear Ms. Calvi:

In your letter dated November 23, 1998, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

All of the submitted samples are constructed from a base fabric that is 100 percent polyester and the loose thread applied on top is also 100 percent polyester.

Style SM6159 is a woman's fully lined dress that is sleeveless and features a round neckline and a back zipper closure.

Style SM1803 is a woman's pullover blouse that features a square neckline and 3/4 length sleeves and a hemmed bottom.

Style SM3171 is a woman's skirt with no waistband and a side zipper closure. The skirt extend from the waist to the ankle.

The applicable subheading for style SM6159 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 (other than swimwear): dresses: of synthetic fibers: other: other: other: women's. The duty rate will be 16.6 percent ad valorem. Effective January 1, 1999, the duty rate will be 16.5 percent ad valorem.

The applicable subheading for style SM1803 will be 6206.40.3030, Harmonized Tariff schedule of the United States (HTS), which provides for women's or girls' blouses, shirts and shirt-blouses: of man-made fibers: other; other: other: women's. The duty rate will be 27.9 percent ad valorem. Effective January 1, 1999, the duty rate will be 27.8 percent ad valorem.

The applicable subheading for style SM3171 will be 6204.53.3010, 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): skirts and divided skirts: of synthetic fibers: other: other: women's. The duty rate will be 16.6 percent ad valorem. Effective January 1, 1999, the duty rate will be 16.5 percent ad valorem.

Style SM6159 falls within textile category designation 636; style SM1803 falls within textile category designation 641 and style SM3171 falls within textile category designation 642. Based upon international textile trade agreements products of China and Hong Kong are subject to a visa requirement and quota restraints.

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. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at (212) 466 - 5866.

Sincerely,

Robert B. Swierupski
Director,

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