The tariff classification of a women's dress from China

NY A84067 June 7, 1996 CLA-2-62:RR:NC:WA 360 A84067 CATEGORY: Classification TARIFF NO.: 6204.49.5060 Mr. Harold Dichter Leyden Customs Expediters, Inc. 99 Hudson Street New York, NY 10013-2896 RE: The tariff classification of a women's dress from China Dear Mr. Dichter: In your letter dated May 21, 1996, you requested a classification ruling on behalf of Donna Ricco (for Talbots). Style 624809K is a simulated two-piece dress with a jacket- like top. The jacket-like portion of the dress is constructed from 100 percent woven linen fabric and the skirt portion is constructed from 100 percent woven rayon fabric. The fully lined dress features, shoulder pads, a scoop neckline, a partial front zippered opening. The jacket-like portion (which obscures the zippered opening) features short sleeves and a full front opening secured by five buttons. The front panel of the skirt fastens at the waist on one side by means of a button and snap closure. Determining the classification of garments constructed from different fabrics is done by deciding which fabric (if any) imparts the essential character to the whole garment. In general, the essential character of a full body garment is that component which comprises the visible upper portion. Therefore, the essential character of this dress is imparted by the linen component in accordance with GRI 3(b). In your letter, you have also asked for information on the correct terms and appropriate location for marking labels. Section 134.11 of the Customs Regulations (19 C.F.R. §134.11) provides in part: Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S. For garments of this type, the country of origin should be indicated on a fabric label sewn into the nape of the neck midway between the shoulders. "Made in China" on the label sewn beneath the trade name label (Talbots) is in the appropriate location, and would comply with the country of origin marking requirements. Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. The applicable subheading for the dress will be 6204.49.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets and blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): dresses: of other textile materials: other: other: other. The duty rate will be 7.4 percent ad valorem. The dress falls within textile category designation 836. Based upon international textile trade agreements products of China are subject to quota restraints and 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. 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, Roger J. Silvestri Director National Commodity Specialist Division