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NY 862330

May 8, 1991

CLA-2-61:S:N:N3-I:356 862330

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3050

Ms. Anne Chenoweth
The Gap, Inc.
900 Cherry Ave.
San Bruno, CA 94066

RE: The tariff classification of a man's knit and woven pullover from Taiwan.

Dear Ms. Chenoweth:

In your letter dated April 10, 1991, you requested a tariff classification ruling.

Style No. 41471 is a man's pullover garment which is con- structed from 100 percent polyester finely knit, and 100 percent nylon woven fabric. The garment features a partial front opening with a zipper closure; a placket flap, secured by three metal snaps, which covers the zipper; long sleeves with elasticized cuffs; a hood with a drawstring closure; a zippered pouch pocket which is secured by a flap with two metal snaps and one closure similar to the VELCRO brand hook and loop fastener; two slash pockets with zipper closures; and a drawstring waist.

The entire body of the garment is constructed from finely knit fabric which is heavily napped on both surfaces, with woven fabric overlays and trim. The visible knit portions of the garment consist of the inner portion of the hood; a strip of fabric, approximately three inches wide, encircling the neck area; a panel approximately eight inches wide and twelve inches long, on the inner portion of each sleeve; portions of the upper chest and upper back near the armhole area; and the lower portion of the back and front panels. The visible woven portions of the garment consist of the outer portion of the hood and the drawstring tunnel; the front and rear yokes which extend mid-way on the front and rear panels; the major outer portion of each sleeve; the placket flap; the pouch pocket flap; and the welt portions of the slash pockets.

As requested, your sample will be returned.

The essential character of the garment is imparted by the knit portions. Consequently, the subheading for Style No. 41471 will be 6110.30.3050, Harmonized Tariff Schedule of the United States (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: men's or boys'. The duty rate will be 34.2 percent ad valorem.

This garment falls within textile category designation 638. Based upon international textile trade agreements, products of Taiwan are subject to visa requirements and quota restraints.

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 sub- ject 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 already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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