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NY D81458

August 28, 1998

CLA-2-61:SF G03 D81458


TARIFF NO.: 6111.30.5040, 6113.00.1010

Ludene Murphree
Gap, Inc.
One Harrison Street
San Francisco, CA 94105

RE: The tariff classification of a jacket from China

Dear Ms. Murphree:

In your letter dated August 18, 1998 you requested a tariff classification ruling.

Style 312652 is a short jacket with a full front opening secured by a heavy metal zipper, long sleeves with elastic at the wrists, and a permanently attached hood. This jacket has slant opening pockets which have zippered closures. The hood has a knit mesh lining. There are contrasting color inserts on the sleeves and garment sides. You state that this jacket is made from a polyurethane coated nylon knit fabric. This coating completely obscures the underlying fabric. You indicate that Style 312652 will be imported in babies' sizes S/M and L/XL and in toddler size 2/3XL.

The applicable subheading for this jacket in babies' sizes will be 6111.30.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies' garments and clothing accessories, knitted or crocheted: Of synthetic fibers: Other: Other: Other. The rate of duty will be 16.6 percent ad valorem.

The applicable subheading for this jacket in the toddler size will be 6113.00.1010, HTS, which provides for Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric: Coats and jackets: Women's or girls'. The rate of duty will be 6.1 percent ad valorem.

This jacket in babies' sizes falls within textile category designation 239. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa. This jacket in the toddler size does not have a category, is not subject to quota and doesn't need a visa.

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.

In accordance with your request your sample will be returned to you under separate cover.

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.


Alice M. Rigdon
Port Director

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