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NY N008801





April 24, 2007

CLA-2-61:RR:NC:N3:356

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2010

Ms. Tammy M. Lewis
Blue Star Imports, L.P.
150 Thorn Hill Road
Warrendale, PA 15086

RE: The tariff classification of men’s knitted garments from China and Hong Kong; applicability of HTSUS Chapter 61 Statistical Note 6.

Dear Ms. Lewis:

In your letter dated March 21, 2007, you requested a tariff classification ruling on behalf of American Eagle Outfitters, Inc.. As requested, your samples are being returned.

Style Number: 9221

Garment Description: Men’s 70% cotton, 30% wool, jersey knit sweater with a V-neckline, a full front opening with four button closures, long raglan sleeves with rib knit cuffs, patch pockets below the waist, elbow patches on each sleeve, and a rib knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 9 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Not applicable

Component Construction: The provisions of Chapter 61, Statistical Note 6 do not apply to garments classified as sweaters.

HTSUS Number: 6110.20.2010
Textile Category Number: 345

Style Number: 9230

Garment Description: Men’s 80% cotton, 20% wool, jersey knit sweater with a rib knit crew neckline, long sleeves with rib knit cuffs, reverse armhole seams, a half-moon sweat patch at the rear neckline, and a rib knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 9 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Not applicable

Component Construction: The provisions of Chapter 61, Statistical Note 6 do not apply to garments classified as sweaters.

HTSUS Number: 6110.20.2010
Textile Category Number: 345

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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division


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