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NY L86165

July 6, 2005

CLA-2-62:RR:NC:TA:358 L86165


TARIFF NO.: 6204.43.4040; 6217.10.9530

Rebecca Cheung
Macy’s Merchandising Group
11 Penn Plaza
New York, NY 10001

RE: The tariff classification of a dress and capelet for girls’ wear from the Philippines

Dear Ms. Cheung:

In your letter dated June 30, 2005 you requested a classification ruling.

Submitted style A823 is comprised of two pieces. One of these pieces is a long, lined, empire-styled dress, manufactured from satin fabric of 100% polyester. To be worn over this dress is the other of the two pieces, a lined, short garment, manufactured from woven pile fabric of 55% acetate/45% nylon, that drapes over the shoulders, fastening below the collar by means of one button.

As you have requested, the sample style is being returned.

The applicable subheading for the dress of this style will be 6204.43.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for girls’dressesof synthetic fibers, other, other, other, girls’; and for the capelet of this style will be 6217.10.9530, HTS, which provides for other made up clothing accessories; parts of garments of clothing accessories, other than those of heading 6212, accessories, other, other, of man-made fibers. The duty rates will be 16 and 14.6 per cent ad valorem, respectively.

Although you suggested classification for the capelet under HTS provisions 6214 or 6204, that is not possible because of the insufficient body coverage afforded by this garment.

The dress falls within textile category designation 636 and the capelet within 659. 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 Kirschner at 646-733-3048.


Robert B. Swierupski

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