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NY E89114




October 28, 1999

CLA-2-62G03 E89114

CATEGORY: CLASSIFICATION

TARIFF NO.: 6209.90.9000, 6211.49.9060, 6211.49.9090

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

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

Dear Ms. Murphree:

In your letter dated October 19, 1999 you requested a tariff classification ruling.

Style 627384 is made from a woven fabric that you state is 55% linen and 45% cotton. The style consists of two garments. The first is a sleeveless jumper with a full back opening secured by six plastic buttons, a scoop neck in front, a round neck in back, narrow self fabric non-functioning tie strings on each side at the waist, edges that are finished with capping and a hemmed bottom. The second garment is a pull-on diaper cover with an elasticized waist and elasticized leg openings. You have indicated that this style will be imported both in babies’ sizes and 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 India in these categories and tariff numbers 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.

In accordance with your request, your samples 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.

Sincerely,

Alice M Rigdon
Port Director

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