The tariff classification of a woman's dress from Hong Kong

NY 804771 January 3, 1995 CLA-2-62:S:N:N5:360 804771 CATEGORY: Classification TARIFF NO.: 6204.43.4030 Ms Mia D. Terlizzi Pier Air International 153-04 Rockaway Boulevard Jamaica, NY 11434 RE: The tariff classification of a woman's dress from Hong Kong Dear Ms. Terlizzi: In your letter dated November 30, 1994, you requested a classification ruling on behalf of Adrienne Vittadini. The sample submitted with your request will be returned to you under separate cover. Style P50513P is a woman's dress composed of knit and woven components. The bodice, which extends from the shoulder to approximately two inches above the waist, is constructed from 100 percent cotton knit fabric. The lined, bottom portion is constructed from 100 percent polyester woven fabric. The lining is also constructed from 100 percent polyester woven fabric. The sleeveless dress features a round neckline, a flared skirt and a rear zipper closure. The dress extends to just above the ankles. You have provided the following information: WEIGHT VALUE Knit - 77 percent Knit - 21 percent Woven - 23 percent Woven - 79 percent Neither the knit nor the woven portion provides the essential character of the garment. Therefore, in accordance with General Rules of Interpretation, GRI 3(c), the garment shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. In this case, the heading is 6204, HTS. The applicable subheading for the dress 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: other: women's. The duty rate will be 17 percent ad valorem. The dress falls within textile category designation 636. Based upon international textile trade agreements products of Hong Kong are subject to a visa requirement. The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport