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NY M82674

May 16, 2006

CLA-2-61:RR:NC:N3:359 NY M82674


TARIFF NO.: 6110.20.2079; 6114.20.0060

Ms. Lisa Martin
Bluestar Imports, L.P.
150 Thorn Hill Road
Warrendale, PA 15086

RE: The tariff classification of two women’s knitted garments from China and Hong Kong.

Dear Mr. Martin:

In your letter dated April 17, 2006, on behalf of your client American Eagle Outfitters, Inc., you requested a classification ruling. Your samples are being returned as requested.

Following is a description of two samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provisions that apply.

Style Number: 6415
Garment Description: Long sleeved pullover with a hood constructed from 60% cotton, 30% nylon, and 10% angora knit fabric. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 stitches. Component Construction: Back panel - no line of demarcation at the neckline. Hood does not have a self-start bottom. Capping does not have a self-start bottom. Garment is not knit to shape.
HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: 6413
Garment Description: Long sleeved top constructed from 100% cotton knit fabric. The garment reaches the waist, has shoulder coverage, but does not provide sufficient coverage of the bust. HTSUS Number: 6114.20.0060
Textile Category Number: 359

To view the tariff language and current duty rates that correspond to these HTSUS provisions, please refer to the text of the most recent HTSUS, which is available on the World Wide Web at http://www.usitc.gov/tata/hts/.

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). The holding set forth above applies only to the specific factual situation and merchandise as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1) which states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

The merchandise, in its condition as imported into the United States, should conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, this should be brought to the attention of Customs officials. The issuance of this ruling does not preclude periodic verification by Customs at the time of importation.

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 Ferraro at 646-733-3049.


Robert B. Swierupski

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