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NY D81755

September 18, 1998

CLA-2-62:SF G03 D81755


TARIFF NO.: 6204.49.5060, 6209.90.9000, 6211.49.9090

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

RE: The tariff classification of babies' and girl's garments from the Philippines

Dear Ms. Murphree:

In your letter dated August 25, 1998 you requested a tariff classification ruling.

Style 312679 is made from a woven printed fabric which you state is 55% linen and 45% rayon. This style consists of two garments. The first is a sleeveless sundress with a partial back opening secured by 2 plastic buttons. This garment has a center front scoop neckline and a somewhat lower straight across back neckline. There are narrow self fabric adjustable shoulder straps which fasten to buttonholes located on the upper edge of the back. The gathered skirt portion is hemmed, and there is decorative crocheted edging around the bodice front, the shoulder straps and the skirt hem. The second garment is a diaper cover of identical fabric. This diaper cover has an elasticized waist and leg openings. You have indicated that this style will be imported in both babies' and toddler's sizes.

The applicable subheading for the dress and diaper cover in the babies' sizes will be 6209.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Babies' garments and clothing accessories: Of other textile materials: Other. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for the dress in toddler sizes will be 6204.49.5060, HTS, 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): Dresses : Of other textile materials: Other: Other. The rate of duty will be 7.3 percent ad valorem.

The applicable subheading for the diaper cover in toddler sizes will be 6211.49.9090, HTS which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': of other textile materials: Other: Other. The rate of duty will be 7.6 percent ad valorem.

The babies' dress and diaper cover fall within textile category designation 839; the toddler dress within category 836; the diaper cover within category 859. Based upon international textile trade agreements, products of the Philippines are subject to the requirement of a visa and those in category 836 are subject to quota restraints as well.

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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