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NY K80339




November 25, 2003
CLA-2-62:RR:NC:N3:360 K80339

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0054

Fifi Pudjijanto
Imports Compliance Manager
Gap Inc.
345 Spear Street
San Francisco, CA 94105

RE: The tariff classification of women’s woven shirts from Bangladesh

Dear Ms. Pudjijanto:

In your letter dated October 23, 2003, you requested a classification ruling. The sample submitted with your request will be returned under separate cover.

Style 220079 is a women’s woven shirt-jacket manufactured from 98% cotton and 2% spandex denim fabric. The fabric weighs approximately 298 grams per square meter. The garment features long sleeves with shirt-style cuffs that are secured by two buttons; a banded collar; a full front opening secured by five buttons, two chest pockets with flaps; two patch pockets below the waist; a rear yoke and a hemmed bottom. The garment is constructed from multiple panels.

It is your contention that the garment is correctly classifiable as a jacket under subheading 6202.92.2061, HTS. The garment is a hybrid garment possessing features of both a jacket and a shirt, however, it lacks sufficient features to be considered a jacket. Style 220079 is correctly classified as a shirt under heading 6211, HTS.

The applicable subheading for style 220079 will be 6211.42.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of cotton, blouses, shirts and shirt-blousesexcluded from heading 6206: with two or more colors in the warp and/or filling. The duty rate will be 8.2 percent ad valorem.

Style 220079 falls within textile category designation 341. Based upon international textile trade agreements products of Bangladesh 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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