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NY M82582

May 3, 2006

CLA-2-61:RR:NC:TA:359 M82582


TARIFF NO.: 6110.20.2079

Ms. Lisa E. Girvin
Eddie Bauer
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of two women’s cardigans from China

Dear Ms. Girvin:

This letter replaces ruling number M81022 that was issued to you on March 27, 2006. In your letter dated March 30, 2006, you request that the style numbers given be revised to item numbers. Please see revision below.

In your letter dated March 3, 2006, you requested a classification ruling. Your samples are being returned as requested.

You submitted two samples of women’s chief weight cotton cardigans. The outer surface of the garments measures more than 9 stitches per 2 centimeters in the horizontal direction.

For purposes of Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), the stitch count of each garment exceeds18 stitches per 2 centimeters measured on the outer surface of the fabric in the direction in which the stitches were formed. The garments do not meet the requirements of this note.

Item number 009-2594/009-2595/009-2596 is constructed from 100% French terry knit fabric. The cardigan features a mock collar, long sleeves with ribbed cuffs, a full front opening with a zipper closure, front kangaroo pockets at the waist, and a loose-fitting ribbed bottom. Decorative stitching finishes the pockets and the sleeve cuffs.

Item number 009-3911/009-3912/009-3913/009-3914 is constructed from 80% cotton, 10% polyester, and 10% spandex, velour knit fabric. The cardigan features a hood, long sleeves with ribbed cuffs, a full front opening with a zipper closure, front kangaroo pockets at the waist, and a loose-fitting ribbed bottom.

You suggest that the two garments be classified in heading 6102, HTSUS. However, the garments are precluded from heading 6102, HTSUS, because of the loose-fitting ribbed bottoms.

The applicable subheading for the two cardigans will be 6110.20.2079, HTSUS, which provides for sweatersand similar articles, knitted: of cotton: otherother: women’s. The duty rate will be 16.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The two cardigans 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.


Robert B. Swierupski

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