The tariff classification of a women’s pullover from China

NY L86167 July 26, 2005 CLA-2-61:RR:NC:TA:359 L86167 CATEGORY: Classification TARIFF NO.: 6110.90.9090 Ms. Angela Kyle Woolrich, Inc. Two Mill Street Woolrich, PA 17779 RE: The tariff classification of a women’s pullover from China Dear Ms. Kyle: In your letter dated June 29, 2005, you requested a classification ruling. A sample identified as style 13527 was submitted and will be returned as you have requested. Style 13527 is a women’s henley knit top, made of 55% ramie and 45% cotton fiber. The outer surface of the garment measures more than 9 stitches per two centimeters in the direction in which the stitches were formed. The short-sleeved garment features a slight v-shaped neckline which is fastened with three small buttons. In your request you proposed classification of this garment in the tariff heading for blouses. Chapter Note 4 to Chapter 61 states that heading 6106 does not cover garments…”having an average of less than 10 stitches per linear centimeter in each direction counted on an area measuring at least 10 centimeters by 10 centimeters.” This garment does not have the proper stitch count to be considered a garment of heading 6106. The applicable subheading for style 13527 will be 6110.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers…and similar articles, knitted or crocheted: Of other textile materials: Other: Other: Other: Women’s or girls’. The duty rate will be 6% ad valorem. Style 13527 falls within textile category designation 838. 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 R. Ferraro at 646-733-3049. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division