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NY M84553




July 13, 2006

CLA-2-61:RR:NC:N3:359 NY M84553

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Lori J. P. Boullet
Columbia Sportswear Company
14375 NW Science Park Drive
Portland, OR 97229

RE: The tariff classification of two women’s knitted garments from India; applicability of HTSUS Chapter 61 Statistical Note 6.

Dear Ms. Boullet:

In your letter dated June 26, 2006, you requested a classification ruling. We are returning your samples as you requested.

Following is a description of two samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provisions that apply.

Style Number: AL2107
Garment Description: Long sleeved cardigan. The front, back, top of the sleeves, and the hood are constructed from100% cotton, French terry knit fabric. The side panels, under the sleeves, sleeve cuffs and the bottom are constructed from 2X2 rib knit 100% cotton knit fabric. The garment features a hood, a full front opening with a zipper closure, pockets at the waist, and loose fitting cuffs and bottom. The outer surface of the 2X2 rib knit fabric measures fewer than 9 stitches per 2 centimeters in the direction that the stitches were formed. The essential character of the garment is given by the French terry knit fabric of the front, back and the top of the sleeves. Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. HTSUS Chapter 61 Statistical Note 6 Stitch Count: more than 18 stitches. Component Construction: The garment is cut and sewn and not knit to shape. HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: AL2597
Garment Description: Long sleeved cardigan. The front, back, and under the sleeves are constructed from 77% cotton, and 23% polyester fleece knit fabric that is brushed on the inside surface. The shoulders, top of the sleeves, cuffs and bottom of the garment are constructed from 2X2 rib knit 100% cotton knit fabric. The garment features a collar, a full front opening with a zipper closure, pockets at the waist, and loose fitting cuffs and bottom. The outer surface of the 2X2 rib knit fabric measures fewer than 9 stitches per 2 centimeters in the direction that the stitches were formed. The essential character of the garment is given by the fleece knit fabric of the front, back and under the sleeves. Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3, noted. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. HTSUS Chapter 61 Statistical Note 6 Stitch Count: more than 18 stitches. Component Construction: The garment is cut and sewn and not knit to shape. HTSUS Number: 6110.20.2079
Textile Category Number: 339

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.

Sincerely,

Robert B. Swierupski
Director,

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