The tariff classification of a woman’s dress from China

 N283156 March 3, 2017 CLA-2-61:OT:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6104.43.2010 Mr. Jerry Armani Mamiye Brothers 1385 Broadway Suite 1800 New York, NY 10018 RE: The tariff classification of a woman’s dress from China Dear Mr. Armani: In your letter dated January 24, 2017, you requested a tariff classification ruling. As requested, your sample will be returned. Style AFU01156 is a woman’s dress constructed from 100 percent nylon open work knit fabric. The dress features a fold over collar, a back yoke, a small center back double pleat, long sleeves with self-fabric fringed endings, a full front opening with nine button closures, and a straight self-fabric fringed bottom. The garment extends to below the mid-thigh and will be offered in missy plus sizes 1X – 3X. The applicable subheading for style AFU01156 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 (con.): Dresses: Of synthetic fibers: Other: Women’s. The rate of duty will be 16 percent ad valorem. The submitted sample is not legally marked with the country of origin. Section 134.11 of the Customs Federal 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.Treasury Decision (T.D.) 54640(6) (1958) provides in pertinent part, as follows:Subject to the exceptions from marking provided under Section 304(a), Tariff Act of 1930, as amended…wearing apparel, such as shirts, blouses, coats, sweaters, and dresses, etc., must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner.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 the World Wide Web at https://hts.usitc.gov/current. 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 Renée Orsat at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division