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NY J86829

August 20, 2003

CLA-2-62:RR:NC:N3:360 J86829


TARIFF NO.: 6204.43.4030, 6211.43.0091

Saralee Antrim-Saizan
Customs Compliance Administrator
Carmichael International Service
533 Glendale Boulevard
Los Angeles, CA 90026-5097

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

Dear Ms. Antrim-Saizan:

In your letter dated July 18, 2003, on behalf of ENC division of Kellwood, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style A-WMZ-0682 consists of a sleeveless dress and an over garment constructed from identical 100 percent polyester chiffon woven fabric. The pullover dress is fully lined and extends to approximately mid-calf. The outer garment has ¾ length sleeves with a deep ruffle at the elbow and features a full front opening secured in a wrap style with a button closure at the waist and a single inside button and a plunging neckline. Below the waist the front edges curve to the sides reaching the bottom hem. The hem of the outer garment is approximately 6 inches shorter than the hem of the dress. The two garments, although imported together, are not physically attached and are separately classifiable. The outer garment provides insufficient coverage to be classified as a dress or blouse and lacks insufficient characteristics to be considered a jacket.

The applicable subheading for the dress will be 6204.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ dresses: of synthetic fibers. The duty rate will be 16.1 percent ad valorem.

The applicable subheading for the outer garment will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers, other. The duty rate will be 16.1 percent ad valorem.

The dress falls within textile category designation 636 and the outer garment under textile category designation 659. Based upon international textile trade agreements products of Indonesia 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.


Robert B. Swierupski

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