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NY F88136




August 10, 2000

CLA-2-61:RR:NC:TA:354 F88136

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.1500; 6108.21.0010; 6109.10.0060

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

RE: The tariff classification of ladies’ garments and pouch from Turkey.

Dear Ms.Murphree:

In your letter dated June 16, 2000, you requested a classification ruling for Old Navy merchandise. The provided samples will be returned as per your request.

Style 659543 is the submitted sample for which you have requested a classification ruling. The sample consists of a coordinating ladies’ tank top, panty and drawribbon travel pouch made of a 100% cotton pointelle material.

The style 659543 tank top features 3/4 inch wide elasticized scalloped shoulder straps that extend to finish the scoop neckline in front and back and also the armholes, a gingham fabric bow centered at the front neckline, and an overlock stitch finish at the garment bottom.

The style 659543 thong styled bikini panty features an elasticized lace-like trimmed waistband, high cut fabric covered elasticized leg openings, a lined crotch panel, and a gingham fabric bow centered at the front waistband.

The style 659543 travel pouch measures approximately 8 ¾ inches by 8 inches and features a gingham fabric drawribbon that is interlaced through the hemmed top.

In Headquarters Ruling Letter 957615 of May 24, 1995, Customs classified a pair of women's flannel boxer style shorts with matching bag. In that ruling the shorts and bag were considered a composite good under one Harmonized Tariff Schedule (HTS) number. At hand is a different situation. Even if the three pieces of style 659543 are imported together we are precluded from classifying the item under one HTS number by Section XI Note 13. Additionally since the pouch in this instance is not specially shaped or fitted to contain the tank top and panties and is clearly suitable for reuse, it does not meet the requirements for classification by the application of General Rules of Interpretation (GRI) 5(a) or 5(b).

The applicable subheading for the style 659543 tank top will be 6109.10.0060, HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of cotton . . . Women's or girls': Other: Tank tops: Women's. The duty rate will be 18.3 percent ad valorem.

The applicable subheading for the style 659543 bikini panty will be 6108.21.0010, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Briefs and panties: Of cotton: Women's. The duty rate will be 7.8 percent ad valorem.

The applicable subheading for the style 659543 travel pouch will be 4202.92.1500, HTS, which provides for Trunks, . . . and similar containers; traveling pouches, toiletry pouches, . . . and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanized fiber, or of paperboard, of wholly or mainly covered with such materials or with paper: Other: With outer surface of sheeting of plastic or of textile materials: Travel, sports and similar pouches: With outer surface of textile materials: Of vegetable fibers and not of pile or tufted construction: Of cotton. The duty rate will be 6.7 percent ad valorem.

The style 659543 tank top falls within textile category designation 339, the style 659543 bikini panty falls within textile category designation 352 and the style 659543 travel pouch falls within textile category designation 369. Based upon international textile trade agreements products of Turkey are 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.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.

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. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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