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NY M81013




March 16, 2006

CLA-2-61:RR:NC:N3:359 M81013

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2077; 6110.20.2079

Lisa Martin
Blue Star Imports L.P.
American Eagle Outfitters, Inc.
150 Thorn Hill Road
Warrendale, PA 15086

RE: The tariff classification of women’s knit pullovers and a cardigan from both Hong Kong and China

Dear Ms. Martin:

In your letter dated February 28, 2006, you requested a classification ruling.

You submitted three samples of women’s knit pullovers and one women’s knit cardigan, identified as styles 6302, 6308, 6314, and 6317. You also submitted the component pieces for each of these garments. All of the samples with the components will be returned as you have requested.

Style 6302 is a 100% cotton v neck Henley pullover. The garment features a buttoned placket and long sleeves. The fabric of the garment has a variegated rib stitch. You state that the garment ”has two dominant stitch sizes” and that the larger of the sized stitches covers more of the surface area of the garment and therefore, that stitch size that should be used to determine the overall stitch count of the fabric for purposes of classification. CBP does not count stitches in that manner but on a continuous surface that encompasses all the variety of stitches that may or may not occur within any two centimeter linear measurement. For purposes of statistical note 6 to chapter 61, the outer surface of the fabric measures more than 9 but equal to or less than 18 stitches per 2 centimeters in the direction in which the stitches were formed. The front panel of the garment does not have clear and continuous lines of demarcation. The front panel of the garment is not knit to shape. Neither is the placket of the garment knit to shape. The garment does not meet the statistical classification requirements of statistical note 6 to chapter 61.

Style 6308 is a finely knit 100% cotton v neck pullover. The garment features long sleeves. For purposes of statistical note 6 to chapter 61, the outer surface of the garment has a stitch count that exceeds 18 stitches per 2 centimeters measured in the direction in which the stitches were formed. The garment does not meet the requirements of statistical note 6 to chapter 61.

Style 6314 is a finely knit 100% cotton pointelle Henley pullover with a long placket. The garment features long sleeves. The front and back panels of the garment do not have clear and continuous lines of demarcation for the neckline. The placket is not knit to shape. The garment does not meet the requirements of statistical note 6 to chapter 61.

Style 6317 is a 92% cotton, 8% wool finely knit cardigan. The garment features a v neckline with a buttoned full front opening and long sleeves. For purposes of statistical note 6 to chapter 61, the outer surface of the garment has a stitch count that measures more than 9 but equal to or less than 18 stitches per 2 centimeters in the direction in which the stitches were formed. All of the garment’s components, including the placket and neckband are knit to shape.

The applicable subheading for style 6317 will be 6110.20.2077, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of cotton: Other: Other: Other: Women’s or girls’: Knit to shape articles described in statistical note 6 to this chapter. The duty rate will be 16.5% ad valorem.

The applicable subheading for styles 6302, 6308, and 6314 will be 6110.20.2079, HTSUS, which provides for sweaters, pulloversand similar articles, knitted or crocheted: Of cotton: Other: Other: Other: Women’s or girls’: Other. 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/.

All of the above 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 Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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