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NY H89025





March 25, 2002

CLA-2-62:RR:NC:N3:360 H89025

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3030, 6204.44.4010, 6211.43.0066

Ms. Lisa Girvin
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women's dresses and jumpers from the Philippines and Sri Lanka.

Dear Ms. Girvin:

In your letter dated March 1, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Item number 017-2111(regular) is a woman’s dress constructed from 98 percent cotton denim and 2 percent spandex woven fabric. The dress extends to below mid-calf and features a square neckline, spaghetti straps, two front patch pockets, self-fabric side ties, a back vent and a back zipper closure. This garment will also be imported under item numbers 017-2112 (petite) 017-2113 (tall) and 017-2274 (plus sizes).

Item number 017-2092(regular) is a woman’s dress constructed from 70 percent rayon and 30 percent wool woven fabric. The dress is sleeveless and features a round neckline, a lining, a back vent and a back zipper closure. The jumper has leather trim around the neckline and arm openings. You have indicated that this garment will have a leather belt upon importation.

Item number 017-2177(petite) is a woman’s jumper constructed from 70 percent rayon and 30 percent wool woven fabric. The jumper features oversized armholes, a V-neckline, two front pockets, a back zipper closure, a back vent and a lining. This garment will also be imported under item numbers 017-2176 (regular) and 017-2178 (tall sizes).

The applicable subheading for item number 017-2177 will be 6204.42.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dressesdresses: of cotton: other: other: other: with two or more colors in the warp and/or the filling: women’s. The rate of duty will be 9.2 percent ad valorem.

The applicable subheading for item number 017-2092 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, blazers, dressesdresses: of artificial fibers: other: other: women’s. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for item number 017-2177 will be 6211.43.0066, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: jumpers: other. The rate of duty will be 16.2 percent ad valorem.

Item number 017-2111 falls within textile category designation 336; item number 017-2092 falls within textile category designation 636 and item number 017-2177 falls within textile category designation 659. Based upon international textile trade agreements products of the Philippines and Sri Lanka are currently subject to quota restraints and the requirement of a visa. Item number 017-2177 from Sri Lanka is currently subject to a visa requirement but not to quota restraints.

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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