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NY H88395





March 27, 2002

CLA-2-62:RR:NC:N3:360 H88395

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.43.4030, 6204.53.3010, 6211.43.0060

Kathryn Smith
NIKE WHQ
One Bowerman Drive
Beavertown, OR 97005

RE: The tariff classification of women’s woven garments from Taiwan

Dear Ms. Smith:

In your letter dated February 27, 2002, you requested a classification ruling for three women’s garments. Only the skirt is being returned to you, as the other two garments are being retained as official samples.

Three women’s garments each constructed from knit and woven components were submitted with your request. The woven components are made from 86% polyester and 14% spandex fibers. The knitted (mesh) components are made from 89% polyester and 11% spandex fibers.

Style 241473 is a women’s dress that extends to approximately the mid-thigh. It features shoulder straps, approximately one inch in width, a U-shaped neckline in the front and rear, a shelf bra and a unitard lining. The dress is constructed primarily from the woven fabric with the exception of mesh knit inserts at the sides of the garment extending from the neck to the hem, front and rear. The inserts are approximately one inch in width at the neck and expand to approximately two inches in width toward the hem. The woven fabric provides the essential character to the dress.

Style 241474 is a women’s skirt that features an elasticized waistband, a panty and a hemmed bottom. The skirt is constructed primarily from the woven fabric. There is a mesh insert across the waist and down the sides in an inverted U shape. The woven fabric provides the essential character to the skirt.

Style 241475 is a women’s tank-styled garment. The garment features shoulder straps that are approximately one inch in width, a built-in shelf bra and a hemmed bottom. The garment is constructed primarily from the plain weave fabric that covers more than 60 percent of the surface area with a cross-shaped mesh insert on the front and rear panels. The woven fabric imparts the essential character to the tank-styled garment. The applicable subheading for style 241473 will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s dresses: of synthetic fibers. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for style 241474 will be 6204.53.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’sskirts: of synthetic fibers. The duty rate will be 32.4 percent ad valorem.

The applicable subheading for style 241475 will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers, blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206. The duty rate will be 16.2 percent ad valorem.

The dress falls within textile category designation 636; the skirt within textile category designation 642; the tank-styled garment within textile category designation 641. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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