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NY J83376





April 25, 2003

CLA-2-62:RR:NC:N3:360 J83376

CATEGORY: CLASSIFICATION

TARIFF NO.: 6206.40.3030; 6211.43.0091

Ms. Fifi Pudjijanto
Gap Inc.
345 Spear Street
San Francisco, CA 94105

RE: The tariff classification of women's upper body garments from the Philippines

Dear Ms. Pudjijanto:

In your letter dated April 9, 2003, you requested a tariff classification ruling on behalf of Old Navy. The sample submitted with your request will be returned to you under separate cover.

Style 200993 consists of a blouse and an other upper body garment. The blouse is constructed from 100 percent rayon woven fabric and the other upper body garment is constructed from 100 percent polyester woven fabric. The pullover blouse features a crossover neckline, an long sleeves with slits, an empire waist and side vents. The second garment features a V-neckline, ¼ inch wide shoulder straps and a hemmed bottom. The top back edge is cut straight across from side seam to side seam. The garments are attached at the shoulder seams by means of a thread loop. The garments can be separated without damage to either garment.

The applicable subheading for the blouse will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of man-made fibers: other: other: other: women’s. The rate of duty will be 27.1 percent ad valorem.

The applicable subheading for the upper body garment will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women or girl’s: of man-made fibers: other. The rate of duty will be 16.1 percent ad valorem.

The blouse falls within textile category designation 641 and the upper body garment falls within textile category designation 659. Based upon international textile trade agreements products of the Philippines are currently subject to quota restraints 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 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.).

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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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