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

NY M83869 June 12, 2006 CLA-2-61:RR:NC:TA:359 M83869 CATEGORY: Classification TARIFF NO.: 6110.30.3059 Ms. Linda M. Rasco Metro Customs Brokers Inc. 40 Miromar Drive Suite 12 Champlain, NY 12919 RE: The tariff classification of a woman’s knitted garment from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Ms. Rasco: In your letter dated May 31, 2006, you requested a classification ruling on behalf of Modes Corwick Inc. The submitted samples will be returned to you as requested. Following is a description of the sample that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision that applies. Style Number: K1731U-152 Garment Description: 45% lyocell, 40% cotton, 15% nylon ribbed pullover, long sleeves, mock neck HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches HTSUS Chapter 61 Statistical Note 6 Stitch Count: under 18 stitches Component Construction: Front panel has only marker holes, line of demarcation not clear and continuous. Garment is not knit to shape. HTSUS Number: 6110.30.3059 Textile Category Number: 639 We are returning your request for a ruling for styles K1812U-175, K1832U-175, K1811U-175 and K1796U-175 and any related samples, exhibits, etc., for the following: The components that were submitted all appear to be from garments which had already been assembled and subsequently taken apart. We require components that have not been subjected to further processing and are in their original condition, exactly as taken from the knitting machines, with nothing further done to them. Please provide the components of the sample garments, in the condition as they come off the knitting machine with no waste yarns removed or any other treatment of the component pieces, such as adding a stitch to prevent unraveling. Also, note: for purposes of the Textile Fiber Product Identification Act, “tencel” is a trademarked name for the fiber generically known as “lyocell”. The garment must be marked with the generic term for the fiber. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section 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