Modification of women's knit tops; DD 866700

HQ 950778 December 26, 1991 CLA-2 CO:R:C:T 950778 JS CATEGORY: Classification TARIFF NO.: 6110.90.0040 Barbara Pretopapa Country Miss, Inc. P.O. Box 769 Easton, Pennsylvania 18044-0769 RE: Modification of women's knit tops; DD 866700 Dear Ms. Pretopapa: On September 26, 1991, our Norfolk office issued you DD 866700, which classified women's knit tops under subheading 6110.90.0090 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Upon further review, that ruling is determined to be in error. FACTS: The merchandise which was the subject of DD 866700 classified these goods as pullovers under subheading 6110.90.0090, on the basis that they were constructed of knit fabric which measures more than 9 stitches per 2 centimeters in the horizontal direction. The samples, style nos. A3890 and B9274, were re-submitted for our inspection. Style no. A3890 is a ladies' 55 percent ramie/45 percent cotton knit top with short sleeves which have 1 inch rib knit cuffs. The bottom of the garment is 2 1/2 inch wide rib knit. The neck of the garment forms a partial "V" opening which is secured by three buttons, and the knit collar is decorated with embroidered polka dots. You state that this top is knitted in 9 gauge and measures 8 stitches per 2 centimeters in the horizontal direction (4 stitches per 1 centimeter horizontal) and 5 stitches per 1 centimeter in the vertical direction, and our inspection confirms this information. Style no. B9274 is identical in construction except for color. These goods are assembled in Hong Kong and knit in China. 2 ISSUE: What is the correct knit stitch count of this merchandise and how is it classified. LAW AND ANALYSIS: Chapter 61, Statistical Note 3, states that for the purposes of this chapter, statistical provisions for sweaters include garments, whether or not known as pullovers, vests or cardigans, which are constructed essentially with 9 or fewer stitches per 2 centimeters measured in the horizontal direction. Therefore, since we agree that the present samples have been constructed with 9 or fewer stitches per 2 centimeters in the horizontal direction, Statistical Note 3 applies, and the goods are classified as sweaters. HOLDING: Style nos. A3890 and B9274 are classified under subheading 6110.90.0040, which provides for sweaters, pullovers, shirts, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of other textile materials, sweaters: women's or girls': other: other: assembled in Hong Kong from knit-to-shape component parts knitted elsewhere, textile category 845, dutiable at the rate of 6 percent ad valorem. In order to assure uniformity in Customs classification of this merchandise and eliminate uncertainty, we are modifying DD 866700 to reflect the above classification effective with the date of this letter. However, if you disagree with the legal basis for our decision, we invite you to submit any arguments you might have with respect to this matter for our review. Any submission you wish to make should be received within 30 days of the date of this letter. This notice to you should be considered a modification of DD 866700 under 19 CFR 177.9(d)(1) (1989). It is not to be applied retroactively to DD 866700 (19 CFR 177.9(d)(2) (1989)) and will not, therefore, affect the transaction for importation of your client's merchandise under that ruling. However, for the purposes of future transactions in merchandise of this type, including that for which the present classification was requested, DD 866700 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importation arriving at a port subsequent to the release of DD 866700 will be classified under the new ruling. If such a situation arises, 3 you may, at your discretion, notify this office and apply for relief from the binding effects of the new ruling as may be dictated by the circumstances. However, please be advised that in some instances involving import restraints, such relief may require separate approvals from other government agencies. The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available we suggest you check, close the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service which is updated weekly and is available for inspection at your local Customs office. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact its local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division