The tariff classification of a women’s knitted pullover from China; applicability of HTSUS Chapter 61 Statistical Note 6

NY M81907 April 20, 2006 CLA-2-61:RR:NC:N3:359 M81907 CATEGORY: Classification TARIFF NO.: 6110.30.3059 Jean Gong McNaughton Apparel Group, Inc. 498 7th Ave., 9th floor New York, NY 10010 RE: The tariff classification of a women’s knitted pullover from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Ms. Gong: In your letter dated April 3, 2006, you requested a classification ruling. Following are descriptions of the two samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision that apply. Style Number: F6ZS1K Garment Description: 80%rayon 20% nylon knit short sleeved pullover HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: over 18 Component Construction: back panel at neck is not knit to shape, lacks lines of demarcation or contouring, garment fabric exceeds permissible stitch count HTSUS Number: 6110.30.3059 Textile Category Number: 639 Style Number: GKJL6P Garment Description: 80%rayon 20% nylon knit cap sleeved pullover HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: under 18 Component Construction: back panel at neck is not knit to shape, lacks lines of demarcation or contouring HTSUS Number: 6110.30.3059 Textile Category Number: 639 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 Camille Ferraro at 646-733-3049. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division