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NY E88262




October 25, 1999

CLA-2-62:G03 E88262

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.90.9000, 6211.49.9060, 6211.49.9090

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

RE: The tariff classification of a jumper and diaper cover from the Philippines

Dear Ms. Murphree:

This replaces the letter we sent you on October 12, 1999 which was issued under the same file number. The purpose of this replacement letter is to correct two clerical errors. The Harmonized Tariff Numbers for the items in the toddler sizes were incorrect. We regret any inconvenience this may have caused you.

In your letter dated September 30,1999, you requested a tariff classification ruling.

Style 720046 is girls’ jumper and diaper cover made from a woven plaid fabric that you state is 55% linen and 45% cotton. This jumper has a full center back opening secured by five plastic buttons, a round neckline in both the front and back and a hemmed bottom. A row of rickrack is inserted into the neckline as trim and sewn on in two parallel rows at the bottom of the full skirt. There is a row of embroidered hearts near the skirt bottom. Although no sample of the diaper cover was submitted, you indicated that it will be made from the same fabric and be of the pull- on type with a covered elastic waist and elasticized leg openings. You have indicated that Style 720046 will be imported both in babies’ and in toddler sizes.

The applicable subheading for the jumper and diaper cover in 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 jumper in toddler sizes will be 6211.49.9060, HTS, which provides for Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of other textile materials: Other: Jumpers. The rate of duty will be 7.6 percent ad valorem. The applicable subheading for the diaper cover in toddler sizes will be 6211.49.9090, HTS, which provides as above, but Other. The rate of duty will be 7.6 percent ad valorem as well.

The babies’ size jumper and diaper cover fall within textile category designation 839; the toddler size jumper and diaper cover within category 859. Based upon international textile trade agreements, products of the Philippines in these categories are not subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

Although you originally requested that your sample be returned to you, you have agreed with our request to let Customs retain the sample.

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,

Alice M Rigdon
Port Director

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