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

Melissa Fox
Barthco International, Inc.
5101 S. Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of women’s garments from China

Dear Ms. Fox:

In your letter dated August 18, 2008 you requested a tariff classification ruling on behalf of United States of Aritzia, Inc. We are returning your two samples as per your request.

Style SLY4-1122, is a woman’s dress. The dress is constructed from a translucent 95% lyocell 5% spandex finely knit fabric. The garment features a cowl-like neckline, long dolman-styled sleeves with ribbed knit cuffs, a kangaroo-styled pocket below the waist area on the garment front and a ribbed knit banded garment bottom. The dress extends to the mid-thigh.

Style SLY4-1121, is a woman’s dress. The dress is constructed from a translucent 95% lyocell 5% spandex finely knitted fabric. The garment features a v-shaped neckline with ribbed knit trim, hemmed dolman-styled short sleeves and a hemmed garment bottom. The dress extends to the mid-thigh.

The applicable subheading for styles SLY4-1122 and SLY4-1121 will be 6104.44.2010, Harmonized Tariff Schedule of the United States (HTSUS), 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), knitted or crocheted: dresses: of artificial fibers: other: women’s. The rate of duty will be 14.9% ad valorem.

Style SLY4-1122 and SLY4-1121 fall within textile category designation 636. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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/.

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 Francine Vivona-Brock at 646-733-3049.


Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division