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NY B84190





May 1, 1997

CLA-2-61-PD:A:TC:I:I04 B84190

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.20.0010; 6104.62.2030

Ludene Murphree
Import Operations Manager
Gap, Incorporated
345 Spear Street
San Francisco, California 94105

RE: The tariff classification of a woman's jacket and a pair of shorts from Malaysia

Dear Ms. Murphree:

In your letter dated April 4, 1997, you requested a tariff classification ruling.

The submitted samples are women's garments that are manufactured from 100 percent cotton finely knit fabric.

Style number 137655 is a woman's jacket which extends below the waist and features a full frontal opening with a heavy duty zipper closure. The jacket has a permanently attached hood with a drawstring tightening; long sleeves with rib-knit cuffs; and two slanted front pockets with zipper closures. The garment also has a rib-knit bottom. Inserts of contrasting color fabric decorate the sleeves of the jacket.

Style number 137656 is a pair of pull-on shorts with a drawstring tightening at the waist. Inserts of contrasting color fabric decorate the sides of the shorts. The garment also has straight, hemmed leg openings.

The submitted samples will be returned under separate cover.

The applicable subheading for the jacket will be 6102.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted, other than those of heading 6104: of cotton: women's. The rate of duty will be 16.6 percent ad valorem.

The applicable subheading for the shorts will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's shorts: of cotton: knitted or crocheted. The rate of duty will be 16.2 percent ad valorem.

The jacket falls within textile category designation 335. The shorts fall within textile category designation 348. Based upon international textile trade agreements, products of Malaysia are subject to quota and the requirement of 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.

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.

Sincerely,

Signed by

Jayson P. Ahern
Port Director

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