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NY I84551





August 19, 2002

CLA-2-62:RR:NC:N3:360 I84551

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.44.4010, 6204.49.5060

Ms. Kathy Brennan
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of women's dresses from China and Hong Kong

Dear Ms. Brennan:

In your letter dated July 22, 2002, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Item number 017-3007( regular), which you describe as a jumper, is a woman’s dress constructed from 100 percent lyocell woven fabric. The dress is sleeveless and features a scooped neckline, two front pockets and a full front opening secured by thirteen buttons. This garment will also be imported in petite, tall and plus sizes under item numbers 017-3008, 017-3009 and 017-3010.

Item number 017-3023 (regular), which you describe as a jumper, is a woman’s dress constructed from 100 percent linen woven fabric. The dress is sleeveless and features a V-neckline, pockets front pockets below the waist, a back vent and a full front opening secured by thirteen buttons. This garment will also be imported in petite and tall sizes under item numbers 017-0324 and 017-3025.

The applicable subheading for item number 017-3007 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, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): dresses: of artificial fibers: other: other: women’s. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for item number 017-3023 will be 6204.49.5060, 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 other textile materials: other: other: other. The rate of duty will be 7 percent ad valorem.

Item number 017-3007 falls within textile category designation 636 and item number 017-3023 falls within textile category designation 836. Based upon international textile trade agreements products of China and Hong Kong are currently subject to quota restraints 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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