NY 863207: The tariff classification of a woman's woven dress from HongKong.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            NY 863207
                       May 20, 1991


CLA-2-62:S:N:N:3-I:360 863207

CATEGORY:  Classification

TARIFF NO.: 6204.44.4010  

Ms. Marina Adjemian
Mittelstaedt, Galaviz & Mylin
645 Battery Street
San Francisco, CA  94111

RE:  The tariff classification of a woman's woven dress from Hong
Kong. 

Dear Ms. Adjemian:

     In your letter dated April 8, 1991, resubmitted May 9, 1991,
on behalf of your client, Jessica McClintock Inc., you requested
a classification ruling.  

     The submitted sample, style number 39116, is a woman's
dress. The upper part of the dress is constructed from 100% rayon
velvet fabric; the "skirt" part of the dress and the two
decorative bows permanently attached on the back of the upper
part are constructed from 51% cotton, 49% acetate, woven fabric.
The velvet fabric is black in color, while the fabric comprising
the skirt and two bows is purple in color. The upper part of the
dress is snugfitting and fully lined; the skirt part is flared
and conceals a petticoat-like inner layer, which is stitched in
around the waist and composed of two types of transparent,
openwork fabric. The dress also has a V-shaped dropped waist;
short sleeves; a shallow V-neckline in front and back; a partial
opening in back secured by zipper and button closures; and
shoulder pads. 

     You state that the fabric comprising the skirt (excluding
the inner layer) accounts for 54% of the dress's total weight,
with the velvet fabric (excluding its lining) accounting for the
remaining 46%. You also state that the upper part of the dress is
valued at $11.34, while the skirt part is valued at $10.60.
Please be advised that the weight and value breakdowns submitted
by you are subject to verification, at the time of entry, by U.S.
Customs.     

     The applicable subheading for the dress will be
6204.44.4010, Harmonized Tariff Schedule of the United States
(HTS), which provides for women's dresses of artificial fibers. 
The rate of duty 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 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 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