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NY A89517

December 12,1996

CLA-2-61:RR:NC:WA:N3:356 A89517


TARIFF NO.: 6110.20.2065

Ms. Roslyn Rice
Eddie Bauer Inc.
15010 N.E. 36th Street
Redmond, Washington 98052

RE: The tariff classification of a man's knit and woven pullover from the People's Republic of China.

Dear Ms. Rice:

In your letter dated November 8, 1996, you requested a tariff classification ruling.

Item number 005-0670 is a man's pullover constructed from 100 percent cotton, finely knit fabric that is napped on the inside surface and 100 percent nylon woven fabric. You state that the same garment will be imported in tall sizes under item number 005-0672.

The garment features a partial, front zippered opening; a convertible collar; long sleeves with rib knit cuffs; a zippered pouch pocket in the center of the front panel; two side seam pockets below the waist; and a drawstring bottom. The woven portions of the garment consist of the sleeves, the upper portions of the front and rear panels, and the pouch pocket. The remainder of the garment is of knit construction.

The woven fabric comprises over 60 percent of the visible surface area of the garment; however, the knit fabric is over 50 percent by weight of the entire garment. Following GRI 3(b), the garment is considered to be of knit construction. Consequently, the applicable subheading for Styles 005-0670 and 005-0672 will be 6110.20.2065, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats, (vests) and similar article, knitted or crocheted: of cotton: other: other: other: men's or boys'. The duty rate will be 19.9 percent ad valorem.

Styles 005-0670 and 005-0672 fall within textile category designation 338. Based upon international textile trade agree- ments, products of the People's Republic of China are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-466-587


Roger J. Silvestri

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