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NY M85382

August 25, 2006

CLA-2-61:RR:NC:N3:359 M85382


TARIFF NO.: 6110.20.2079

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

RE: The tariff classification of a woman’s knitted garment from Macau.

Dear Ms. Girvin:

In your letter dated July 25, 2006, you requested a classification ruling. We are returning your sample as you requested.

Following is a description of a sample that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision that applies.

Style Number: 009-5503 (regular size), 009-5504 (petite size), 009-5505 (tall size) and 009-5506 (plus size). Garment Description: A woman’s cardigan constructed from 95% cotton and 5% spandex knit fabric. The garment features a hood, long sleeves with loose fitting rib knit cuffs, a full front opening with a zipper closure, slash pockets at the waist, and a loose fitting rib knit bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. Component Construction: The garment is cut and sewn and not knit to shape. HTSUS Number: 6110.20.2079
Textile Category Number: 339

In your request, you suggested that Style 009-5503 (regular size), 009-5504 (petite size), 009-5505 (tall size) and 009-5506 (plus size) be classified in heading 6102, HTSUS. However, It is precluded from heading 6102 because it has no tightening at the bottom.

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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