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NY L88089





November 2, 2005

CLA-2-62:RR:NC:N3:360 L88089

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.53.3010; 6204.43.4030; 6204.42.3050

Ms. Melissa Fox
Barthco Trade Consultants
The Navy Yard
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of women’s wearing apparel from China

Dear Ms. Fox:

In your letter dated October 7, 2005, you requested a tariff classification ruling on behalf of Sugartown Worldwide, Inc. The samples will be returned to you as requested.

Style 63813 is a woman’s skirt with alternating ribbons constructed of 100 percent polyester woven fabric. The skirt features a back zipper and a hook and eye closure.

Style 63544 is a woman’s dress with alternating ribbons constructed from 100 percent polyester woven fabric. The dress is sleeveless and features a square neckline, an empire waist, and a back zipper and hook and eye closure.

Style 63734 is a woman’s dress constructed from 100 percent cotton woven fabric. The dress is strapless and features a shaped front neckline, an empire waist, and a back zipper closure. The dress has embroidered designs on the bodice.

The applicable subheading for style 63813 will be 6204.53.3010, 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): skirts and divided skirts: of synthetic fibers: other: other: women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 63544 will be 6204.43.4030, 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 synthetic fibers: other: other: women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 63734 will be 6204.42.3050, 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 cotton: other: other: other: other: women’s. The duty rate will be 8.4 percent ad valorem.

Style 63813 falls within textile category designation 642; style 63544 falls within textile category designation 636 and style 63734 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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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