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NY 884992





MAY 4, 1993

CLA-2-62:S:N:N5:357 884992

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.92.2010

Ms. Dotti Hatcher
The Gap, Inc.
Two Harrison
San, Francisco, CA 94105

RE: The tariff classification of a boy's padded, sleeveless jacket from the Philippines

Dear Ms. Hatcher:

In your letter dated April 14, 1993, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style #211593, is a boy's sleeveless garment partly of denim and partly of a brushed tri-blend fabric. The item has a woven lining quilted to a non-woven batting. The denim fabric comprises the upper portions of the front panels and the entire back, while the other fabric, which is 65% acrylic, 20% wool and 15% polyester, comprises the front panels from the upper chest to the bottom. Other features include a five-button front opening with left over right closure, pockets at the waist, adjustment tabs at the bottom and chest pockets with flaps.

The applicable subheading for the garment will be 6201.92.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other boys' anoraks, windbreakers and similar articles (including padded, sleeveless jackets), of cotton: other padded, sleeveless jackets. The duty rate will be 10% ad valorem.

This garment falls within textile category designation 359. Based upon international textile trade agreements products of the Philippines are subject to quota restraints and the requirement of a visa.

Denim garments produced by a dry fading method are subject to a patent exclusion order issued by the International Trade Commission. Garments produced by the patented method may not be imported without approval by the patent owner or licensee. This ruling applies only to the classification of the article and not to its admissability under terms of the exclusion order.

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

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