CLA-2-62:RR:NC:TA:3:358 E80951

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman
245 Park Avenue
New York, NY 10167-3397

RE: The tariff classification of a girl’s jumper and dresses from Hong Kong.

Dear Mr. Evan:

In your letter dated April 19, 1999, on behalf of Tommy Hilfiger U.S.A., Inc., you requested a tariff classification ruling. The submitted samples are described as follows:

Style # 1700206 (Girls’) and Style #1700200 (Infants’), (“12 Drummers Drumming Dresses”) - The upper portions of the dresses are constructed of 100% cotton woven velvet fabric. The lower portion is constructed of 45% wool/27% polyester/20% acrylic/7% nylon/1% other woven fabric. The garments feature a woven peter pan collar, long sleeves with button cuffs, and a partial back opening with a four button closure to the waist. The garments also have a 100% acetate woven fabric lining, and a two layer hemmed bottom.

Style #1700210 (Girls’) and Style #1700204 (Infants’), (“Music Box Dancing Dress’) - The upper portions of the dress are constructed of 80% cotton/20 polyester velvet knit fabric. The lower portions are constructed of 100% silk woven fabric. The garments feature a scoop neckline, long sleeves with a button cuffs, and a partial back opening with a four button closure to the waist. The garments also have a 100% acetate woven fabric lining, a self-fabric tie back and a hemmed bottom. Style #0904124 (Girls’), (“Pleated Varsity Jumper”) - Constructed of 60% polyester/40% rayon fabric. The garment features a scoop neck and oversized armholes. The skirt portion is pleated with a hemmed bottom.

Your letter did not indicate the numerical size(s) that the garments will be imported.

In a telephone conversation with you on May 19, 1999, you stated that Style #1700206 will be imported in girls’ sizes 4-7, 8-10, 12-14 and 16, Style #1700210 will be imported in toddler sizes 2T, 3T and 4T, Style #’s 1700200 and 1700204 will be imported in infants’ sizes newborn to 24 months, and Style #0904124 will be imported in sizes 4-7, 8-10, 12-14 and 16.

We are returning your samples as you requested.

The applicable subheading for the dress, Style #1700206 will be 6204.42.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ dresses, of cotton, other, other, other, girls’. The duty rate will be 10.5% ad valorem. The dress, Style #1700206 falls within textile category designation 336. Based upon textile trade agreements, products of Hong Kong are presently subject to quota restraints and visa requirements.

The applicable subheading for the dress, Style #1700200 will be 6209.20.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, of cotton, dresses. The duty rate will be 12.2% ad valorem. The dress, Style #1700200 falls within textile category designation 239. Based upon textile trade agreements, products of Hong Kong are presently subject to visa requirements.

The applicable subheading for the dress, Style #1700210 will be 6204.49.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ dresses, of other textile materials: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 7.2% ad valorem.

The dress, Style #1700210 falls within textile category designation 736. Based upon textile trade agreements, products of Hong Kong are presently not subject to quota restraints nor visa requirements.

The applicable subheading for the dress, Style #1700204 will be 6209.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for babies’ garments and clothing accessories, of other textile materials, containing 70 percent or more by weight of silk or silk waste. The duty rate will be 1.5% ad valorem. The applicable subheading for the jumper, Style #0904124 will be 6211.43.0066, Harmonized Tariff Schedule of the United States (HTS), which provides for track suit, ski-suits and swimwear; other garments, other garments, women’s or girls’, of man-made fibers. The duty rate will be 16.5% ad valorem The jumper, Style #0904124 falls within textile category designation 659. Based upon textile trade agreements, products of Hong Kong are presently subject to quota restraints and visa requirements. The designated textile and apparel category 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 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 Bruce Kirschner at 212-637-7079.

Sincerely,


Robert B. Swierupski
Director
National Commodity
Specialist Division