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NY M80964




March 15, 2006

CLA-2-61:RR:NC:TA:359 M80964

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.42.0010

Ms. Julie Bakhshpour
Gene Y Pai dba
Aloha Customs Services
9215 Hall Road
Downey, CA 90241

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

Dear Ms. Bakhshpour:

In your letter dated March 2, 2006, on behalf of Forever 21 Logistics, Inc., 2001 South Alameda Street, Los Angeles, CA 90058, you requested a classification ruling. Your sample is being returned as requested.

The submitted sample, style number 053E12073R, is a woman’s dress that is constructed from 55% cotton, 45% acrylic openwork crocheted fabric. The garment extends from the shoulder to the mid-thigh area and features the following: a wide U-neckline, cap sleeves, and a scallop finish bottom.

The applicable subheading for the dress will be 6104.42.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s dresses, knitted: of cotton: women’s. The duty rate will be 11.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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