The tariff classification of a men’s knit pullover from China.

NY M81678 March 29, 2006 CLA-2-61:RR:NC:TA:N3:356 M81678 CATEGORY: Classification TARIFF NO.: 6110.20.2069 Ms. Marina Chan Treasure Step International, Ltd. 14/F., Flat A, Hang Cheong Factory Bldg. 1 Wing Ming Street, Cheung Sha Wan, Kowloon, Hong Kong RE: The tariff classification of a men’s knit pullover from China. Dear Ms. Chan: In your letter dated February 27, 2006, you requested a tariff classification ruling on behalf of Quiksilver USA. A sample of the finished garment and unassembled component parts were submitted. As requested, your samples will be returned. Style 1204697 is a men’s pullover garment constructed from 100% cotton, double knit fabric that measures 11 stitches per two centimeters counted in the horizontal direction. The garment features a rib knit spread collar; a partial front opening with a zipper closure; long, raglan sleeves with tubular knit cuffs; a half-moon sweat patch at the rear neckline; a rubberized logo on the left sleeve; a small label in the lower left side seam; and a tubular knit bottom. The front panel has a self-start bottom, self-finished sides, full fashion marks at the armholes, an acceptable line of demarcation for the front placket, and partial lines of demarcation delineating the front neckline. The back panel has a self-start bottom, self-finished sides, full fashion marks at the armholes, and a narrow, straight rear neckline that does not require shaping. The sleeves are knit to shape with a self-start bottom, self-finished sides, and full fashion marks at the armholes. The rib knit collar is knit to shape with a self-start bottom and self-finished sides. The placket edging is not considered knit to shape. All components are assembled by linking and looping. For purposes of Statistical Note 6 to Chapter 61, the stitch count is 11 stitches per 2 centimeters counted on the outer surface of the fabric in the direction in which the stitches are formed. Because the front neckline does not have a continuous line of demarcation that delineates the full neckline, the front panel is not considered knit to shape. In addition, the placket edging does not have a self-start bottom and is not considered knit to shape. Consequently, the garment does not meet the requirements of Chapter 61, Statistical Note 6. The applicable subheading for Style 1204697 will be 6110.20.2069, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys': other. The duty rate is 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/. Style 1204697 falls within textile category designation 338. 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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271. Sincerely, Robert B. Swierupski, Director National Commodity Specialist Division