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NY D89221




April 8, 1999

CLA-2-61:S:AMW:N-3:I02

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

Mr. David Murphy
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a womens pullover style garment from China

Dear Murphy:

In your letter dated March 10, 1999, you requested a tariff classification ruling on behalf of American Eagle Outfitters, Inc.

The submitted sample, style 4505-Tank Top, is a womens garment which is constructed from 96% cotton 4% Lycra spandex. The garment has mor than nine stitches per two centimeters when counted in the horizontal direction. The sleeveless garment features a vee neck, narrow shoulder straps, and a continuously knit on rib knit bottom.

As requested, your sample will be returned to you.

The applicable subheading for the pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for womens cotton pullovers. The rate of duty will be 18.6%.

The pullover falls within textile category designation 339. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

William J. Luebkert
Port Director

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