N116110 N1 Ruling Active

The tariff classification of a woman’s dress from Indonesia.

Issued August 10, 2010 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 6104.43.2010

Headings: 6104

Product description

As requested, your sample is being returned to you. The submitted sample, style 3717OB, is a woman’s pull-on sweater dress that is constructed from 97% acrylic and 3% polyester reverse jersey novelty knit fabric. The dress features an open-work stitch design down the center of the front panel, a 1x1 rib knit cowl collar, short sleeves with 2x2 rib knit endings, and a 2x2 rib knit garment bottom. The dress extends from the shoulders to the knee area. The dress is made of 97% acrylic 3% polyester knitted fabric which consists of synthetic fibers. Therefore, your assertion for classification as a women’s artificial fiber dress under 6104.44.2010, HTSUS, is not applicable. Synthetic fiber dresses are provided for under 6104.43.2010, HTSUS.

CBP rationale

The applicable subheading for the dress will be 6104.43.2010, 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 synthetic fibers: Other: Women’s.

Full text

N116110 August 10, 2010 CLA-2-61:OT:RR:NC:3:359 CATEGORY: Classification TARIFF NO.: 6104.43.2010 Mr. Neil S. Helfand Simon, Gluck & Kane Customs & International Trade Law 1700 Broadway 31st Floor New York, NY 10019 RE: The tariff classification of a woman’s dress from Indonesia. Dear Mr. Helfand: In your letter dated July 21, 2010 you requested a classification ruling on behalf of your client, At Last Sportswear, Inc. As requested, your sample is being returned to you. The submitted sample, style 3717OB, is a woman’s pull-on sweater dress that is constructed from 97% acrylic and 3% polyester reverse jersey novelty knit fabric. The dress features an open-work stitch design down the center of the front panel, a 1x1 rib knit cowl collar, short sleeves with 2x2 rib knit endings, and a 2x2 rib knit garment bottom. The dress extends from the shoulders to the knee area. The dress is made of 97% acrylic 3% polyester knitted fabric which consists of synthetic fibers.  Therefore, your assertion for classification as a women’s artificial fiber dress under 6104.44.2010, HTSUS, is not applicable.  Synthetic fiber dresses are provided for under 6104.43.2010, HTSUS.   The applicable subheading for the dress will be 6104.43.2010, 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 synthetic fibers: Other: Women’s. The duty rate will be 16% ad valorem. 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

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