The tariff classification of women's wearing apparel from Mexico

NY C85733 April 23, 1998 CLA-2-62:RR:NC:TA:360 C85733 CATEGORY: Classification TARIFF NO.: 6204.44.4010; 6211.43.0091 Ms. Saralee Antrim-Saizan Carmichael International Service 533 Glendale Boulevard Los Angeles, CA 90026-0800 RE: The tariff classification of women's wearing apparel from Mexico Dear Ms. Antrim-Saizan: In your letter dated February 25, 1998, with additional information provided on March 24, 1998, you requested a classification ruling on behalf of Judy Ann of California. As indicated in a telephone conversation, you are interested in a classification ruling only, and not a determination of NAFTA eligibility. The samples submitted with your request will be returned to you under separate cover. Style 32865M consists of two garments, a dress and an upper body garment. The upper body garment is constructed from 100 percent rayon woven fabric which is identical to the fabric of the skirt. The garment features short sleeves, a collar, shoulder pads and an unsecured front opening. The front panels extend approximately fifteen inches below the waist forming ties which are to be knotted at the waist. This garment is designed to be worn over the dress and cannot be worn alone. The dress is composed of knit and woven components. The bodice is made from knitted fabric that is 50 percent polyester and 50 percent cotton by weight and the skirt is made from woven fabric that is 100 percent rayon by weight. The pullover dress is sleeveless and extends from the neck and shoulders to approximately the mid-calf and features a scoop neckline and a full skirt. Although the knitted bodice constitutes the visible upper portion of the garment, based on the information you have supplied, the essential character of this garment is imparted by the woven component, General Rules of Interpretation (GRI) 3(b), noted. The applicable subheading for the dress will be 6204.44.4010, 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 artificial fibers: other: other: women's. The general rate of duty will be 16.6 percent ad valorem. The applicable subheading for the upper body garment will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of man-made fibers: other. The general rate of duty will be 16.6 percent ad valorem. The dress falls within textile category designation 644 and the upper body garment falls within textile category designation 659. Based upon international textile trade agreements products of Mexico presently are not subject to a visa requirement or quota restraints. 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. 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 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 (212) 466-5866. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division