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NY L81329

January 6, 2005

CLA-2-61:RR:NC:WA:361 NY L81329


TARIFF NO.: 6104.42.0010

Ms. Michelle Jolley, Classification Analyst Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

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

Dear Ms. Jolley:

In your letter dated December 15, 2004, you requested a classification ruling for a women’s knit dress. The item will be returned as requested.

The submitted garment, style HNEE, is a woman’s dress constructed from 100 percent cotton knit fabric. The sleeveless dress has ½ inch gros-grain ribbon adjustable shoulder straps; a u-shaped neckline in front; a straight cut back, a mock partial front opening; and a plain, hemmed bottom. The garment also has a shelf bra lining in front and back, with a one-inch elasticized bottom.

You have referred to the submitted garment as a “sleepwear chemise with shelf bra,” however, based both on appearance and marketing, it appears to be capable of multiple uses. As such, the garment will not be classified as sleepwear in heading 6108.

The applicable subheading for the dress will be 6104.42.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sdresses, knitted or crocheted: Of cotton. The duty rate will be 11.5 percent ad valorem.

The dress falls within textile category designation 336. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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