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NY N015694




September 11, 2007

CLA-2-61:RR:NC:TA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030, 6108.91.0040

Mr. Ronald M. Pigliacelli
Deb Shops Inc.
9401 Blue Grass Road
Philadelphia, PA. 19114

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

Dear Mr. Pigliacelli:

In your letter dated August 10, 2007 you requested a classification ruling.

Style 700 is a woman’s beach dress constructed of 80 percent cotton and 20 percent polyester knit fabric. The pile is composed of 80 percent cotton and 20 percent polyester knit fabric. The halter style dress extends to the mid-thigh. It features a V neckline in front, straps that tie around the neck, a tie in front below the bust and a hemmed bottom. The upper back of the garment extends straight across from side seam to side seam, exposing the upper half of the back. Based on the physical characteristics of the garment, the garment is considered a beach cover-up of heading 6108.

You state in your letter that style 700 will be imported in women’s and girls’ sizes.

We are returning your sample as you requested.

The applicable subheading for style 700 in women’s sizes will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Other: Of cotton: Other: Women’s. The duty rate will be 8.5% ad valorem.

The applicable subheading for style 700 in girls’ sizes will be 6108.91.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Other: Of cotton: Other: girls’. The duty rate will be 8.5% 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/.

Style 700 in women’s and girls’ sizes falls within textile category 350. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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