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NY L82050





February 9, 2005

CLA-2-61:RR:NC:TA:359 L82050

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

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

RE: The tariff classification of women’s cardigans from Brunei Darussalam and Pakistan

Dear Ms. Greener:

This letter replaces New York Ruling Letter (NYRL) NY L80946 that was issued to you on November 29, 2004. In ruling number L80946 you stated the garment as style number 059-0384. In your letter dated December 7, 2004, you have informed us that the correct style number is 060-0384. Please see correction below.

In your letter dated November 12, 2004, you requested a classification ruling.

Three ladies garments were submitted and will be returned as you have requested.

Style 059-0426 is a woman’s cardigan made of finely knit 100% cotton fabric. The garment features a full front zippered opening, raglan sleeves with rib knit cuffs, knit mesh fabric connecting the sleeves to the body of the garment for a decorative effect, front pockets, a hood, and a rib knit waistband.

Style 060-0384 is a woman’s cardigan made of finely knit 100% cotton fabric. The garment features a full front zippered opening, a mock turtle neck collar, long sleeves with rib knit cuffs, front pockets, and a rib knit waistband.

Style 059-0423 is a woman’s cardigan made of finely knit 100% cotton fabric. The garment features a full front zippered opening, long sleeves with rib knit cuffs, front pockets, a hood, and a rib knit waistband.

In your letter you stated that these garments should be classified as jackets. The waistbands of all three garments did not provide sufficient tightening at the waist, which precluded them from consideration as jackets.

The applicable subheading for all three styles will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of Cotton: Other: Other: Women’s or girls’. The duty rate will be 16.5% ad valorem.

All three styles 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.

Sincerely,

Robert B. Swierupski
Director,

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