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NY N012099




June 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

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

RE: The tariff classification of four women’s cardigans from China and Macau.

Dear Ms. Greener:

In your letter dated May 25, 2007, you requested a classification ruling. Your samples are being returned as requested.

You submitted four samples of women’s chief weight cotton cardigans. The outer surface of the fabric of the garments measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed.

Item number 009-9460(regular)/009-9461(petite)/009-9462(tall)/009-9463(plus) is constructed from 100% cotton knit fabric. The garment features a lined hood, long sleeves with ribbed cuffs, a full front opening with a zipper closer, 2 front pockets at the waist, and a loose-fitting ribbed bottom.

Item number 009-9341(regular)/009-9342(petite)/009-9343(tall) is constructed from 83% cotton, 17% polyester knit fabric that is napped on the inside. The garment features a mock collar, long sleeves with ribbed cuffs, a full front opening with a zipper closure, 2 front patch pockets at the waist and a loose-fitting ribbed bottom.

Item number 009-7770(regular)/009-7771(petite)009-7772(tall)/009-7773(plus) is constructed from 67% cotton, 33% polyester knit fabric that is napped on the inside. The garment features a hood, long sleeves with ribbed cuffs, a full front opening with a zipper closure, 2 front patch pockets at the waist, and a loose-fitting ribbed bottom.

Item number 009-7952(regular)/009-7953(petite)/009-7954(tall)/009-7955(plus) is constructed from 67% cotton, 33% polyester knit fabric that is napped on the inside. The garment features a hood, a ribbed collar, long sleeves with ribbed cuffs, a full front opening with a zipper closure, 2 front patch pockets at the waist, and a loose-fitting partial ribbed bottom.

The four cardigans have loose-fitting bottoms and are classified in heading 6110, Harmonized Tariff Schedule of the United States (HTSUS) and are precluded from subheading 6110.20.2045, HTSUS, which are pullover sweatshirts.

The applicable subheading for the four cardigans will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweatersand similar articles, knitted: of cotton: otherother: women’s. 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 four cardigans fall within textile category 339. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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