CLA-2-62:S:N:N5:360 807059

Ms. Trish Caspers
The Donna Karan Company
600 Gotham Parkway
555 Import
Carlstadt, NJ 07072

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

Dear Ms. Caspers:

In your letter dated February 17, 1995, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover. The submitted sample, style E157091HB, is a dress constructed from 100 percent woven linen. The short sleeve dress features a stand up collar, two chest pockets with buttoned flaps, two pockets below the waist with buttoned flaps and a full front opening secured by nine buttons. The dress also one rear pocket below the waist with a buttoned flap and a straight hemmed bottom. The dress extends to mid-thigh.

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 Hong Kong are subject to a visa requirement and are currently not subject to quota restraints.

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. 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