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NY I82275

June 25, 2002

CLA-2-61:RR:NC:TA:359 I82275


TARIFF NO.: 6104.44.2210

Mr. Djibril Makalou
Ann Taylor
1372 Broadway, 5th Floor
New York, NY 10018

RE: The tariff classification of a woman’s dress from China.

Dear Mr. Makalou:

In your letter dated June 4, 2002, you requested a classification ruling. As requested, your sample is being returned to you.

Your sample, style 10-82351, is a woman’s sleeveless empire style dress constructed from 72% rayon, 20% nylon and 8% metallic knit openwork fabric. The dress features spaghetti straps, a scalloped neckline and bottom, a partial opening in the back with a zipper closure, and a 100% acetate woven lining.

You also submitted an analysis of the structure of the fabric that was prepared by a laboratory testing service. They determined that the fabric is composed of three yarns: (a) single ply yarn of 100% nylon; (b) single ply yarn of 100% rayon; (c) 3-ply yarn, consisting of two plies of 100% nylon which is twisted with a single ply of metallized aluminum.

The applicable subheading for the dress will be 6104.44.2010, 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), knitted or crocheted: dresses: of artificial fibers: other: women’s. The duty rate will be 15.3% ad valorem.

The dress falls within textile category designation 636. Based upon international textile trade agreements products of China 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 Mike Crowley at 646-733-3049.


Robert B. Swierupski

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