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NY M81600




March 7, 2006

CLA-2-61:RR:NC:N3:359 M81600

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Jeanine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of a woman’s pullover from Hong Kong

Dear Ms. Greener:

In your letter dated February 22, 2006, you requested a classification ruling.

You submitted a sample of a woman’ pullover, identified with four style numbers that reflect regular, petite, tall and plus sizing. The styles numbers are 017-5275, 017-5276, 017-5287, and 017-5288 respectively. The garment is made of 81% cotton, 17% nylon and 2% spandex knit fabric that measures more than 9 stitches per 2 centimeters in the horizontal direction. For purposes of statistical note 6 to Chapter 61, Harmonized Tariff Schedule of the United States, (HTSUS), the outer surface of the garment measures more than 9 but 18 or fewer stitches per 2 centimeters measured in the direction in which the stitches were formed. The garment, styled like a tank top, features, a front scoop neckline, and a back neckline that does not drop beneath the nape of the neck. There is crocheted fabric around the armholes, neckline and bottom of the garment. The crocheted fabric serves as a component piece of the garment, and extends the coverage of the garment. Crocheted fabric is not made on flat bed knitting machines. The garment does not meet the requirements of statistical note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for the pullover 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/.

The pullover falls 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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