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NY K83985

April 1, 2004
CLA-2-61:RR:NC:TA:359 K83985


TARIFF NO.: 6104.44.2010

Ms. Karen Yost
C-Air International, Inc.
11222 S. LaCienega Boulevard, Suite 100
Inglewood, California 90304

RE: The tariff classification of a woman’s dress from Hong Kong

Dear Ms. Yost:

In your letter dated March 12, 2004, on behalf of AZ3, Inc. dba BCBG, 2761 Fruitland Ave., Vernon, CA 90058, you requested a tariff classification ruling.

The submitted sample, style number ATF61827, is a woman’s sleeveless dress that extends from the shoulder to the calf area. The dress is constructed from 69% acetate, 23% nylon, 8% spandex, knit fabric (the top part of the garment to the waist, and the lining), and 100% silk woven fabric (the exterior lower part of the dress). The upper portion of the dress features a gathered V-front on the left side, and a V-back. The lower portion is made from a flouncy ruffled woven fabric. A woven self-fabric ornamental rose is sewn on the left side at the waist.

The essential character is given by the upper knit portion of the dress. Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3(b), noted.

Your sample is being returned as requested.

The applicable subheading for the dress will be 6104.44.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s dresses, knitted: of artificial fibers: other: women’s. The rate of duty will be 14.9% ad valorem.

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


Robert B. Swierupski

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