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NY L86954

August 19, 2005

CLA-2-61:RR:NC:TA:359 L86954


TARIFF NO.: 6106.10.0010; 6110.20.2075

Ms. Jeannine Greener
Eddie Bauer
P.O. Box 97000
Redmond, Washington 98073-9700

RE: The tariff classification of a woman’s cardigan and shirt from Singapore and Macau – correction to ruling L85227.

Dear Ms. Greener:

This letter is being issued to correct ruling NY L85227 due to a change you have made in the styling of one of the garments. The information below is based on the modified style that you have submitted.

In your letter dated May 23, 2005, you requested a tariff classification ruling. You submitted two samples that were returned with the original request. The modified sample is being returned as requested.

Item number 009-0342/0343/0344 a woman’s cardigan that is constructed from 76% cotton, 24% polyester velour knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The cardigan features a hood, long sleeves with loose-fitting ribbed cuffs, a full front opening with a zipper closure, 2 front slant pockets in the weight area, and a loose-fitting ribbed waistband.

Although you suggest that the item above is classified in item 6102.20.0010, Harmonized Tariff Schedule of the United States (HTS), we note that classification is precluded from heading 6102 HTS, because of the loose-fitting cuffs and waistband.

Item number 009-9103/9104/9105 is a woman’s shirt that is constructed from 100% cotton, rib knit fabric. The outer surface of the garment has more than ten stitches per centimeter in both directions. The shirt features a woven pointed collar, a V-neckline opening with a two-button closure, long hemmed sleeves, and a hemmed bottom.

The applicable subheading for the cardigan will be 6110.20.2075, (HTS), which provides for sweaters, pulloversand similar articles, knitted: of cotton: otherother: women’s. The rate of duty will be 16.5% ad valorem.

The applicable subheading for the shirt will be 6106.10.0010, (HTS), which provides for women’sshirtsknitted: of cotton. The rate of duty will be 19.7% ad valorem.

The cardigan and shirt fall within textile category designation 339. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Camille R. Ferraro at 646-733-3049 or National Import Specialist Angela DeGaetano at 646-733-3052.


Robert B. Swierupski

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