The tariff classification of three women’s knitted garments from China

NY M82726 May 18, 2006 CLA-2-61:RR:NC:N3:359 NY M82726 CATEGORY: Classification TARIFF NO.: 6110.30.3059; 6104.39.1000; 6114.30.3070 Ms. Linda M. Rasco Metro Customs Brokers, Inc. 40 Miromar Drive, Suite 12 Champlain, NY 12919 RE: The tariff classification of three women’s knitted garments from China Dear Ms. Rasco: In your letter dated April 21, 2006, oh behalf of your client Modes Corwick, Inc., you requested a classification ruling. Following is a description of three samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provisions that apply. Style Number: K1818-141 Garment Description: Short sleeved pullover with a turtleneck, constructed from 81% rayon, 16% nylon, and 3% spandex knit fabric. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. HTSUS Chapter 61 Statistical Note 6 Stitch Count: over 18 stitches. Component Construction: Capping of armholes finished edges by linking stitch – not self-start. Garment is not knit to shape. HTSUS Number: 6110.30.3059 Textile Category Number: 639 Style Number: K1830-141 Garment Description: Long sleeved garment with a V-neckline constructed from 81% rayon, 16% nylon, and 3% spandex knit fabric. Component Construction: Not a garment of 6110. The garment reaches the waist, has shoulder coverage, but does not provide sufficient coverage of the bust. HTSUS Number: 6114.30.3070 Textile Category Number: 639 Style Number: K2224-117 Garment Description: Long sleeved bolero jacket constructed from 70% rayon, and 30% nylon knit fabric. The garment features long sleeves, a full front opening with a tie closure, a 15-button detachable Ostrich collar, and a tubular bottom. The bolero and the collar are considered a composite good. The essential character is given by the bolero, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI), Rule 3 noted. HTSUS Number: 6104.39.1000 Textile Category Number: 635 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