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

NY M84780 July 20, 2006 CLA-2-61:RR:NC:N3:359 M84780 CATEGORY: Classification TARIFF NO.: 6110.20.2079; 6114.20.0060 Ms. Linda Rasco Metro Customs Brokers, Inc. 40 Miromar Drive, Suite 12 Champlain, NY 12919 RE: The tariff classification of women’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Ms. Rasco: In your letter dated June 30, 2006, you requested a classification ruling on behalf of Fair Vane Corp. Following are descriptions of the samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provisions that apply. Style Number: LA30W Garment Description: 82% cotton, 18% spandex finely knit sleeveless garment, with a deep v-neck line and a four-button closure at the waist HTSUS Chapter 61 Statistical Note 3 Stitch Count: not applicable HTSUS Chapter 61 Statistical Note 6 Stitch Count: not applicable Component Construction: garment does not qualify for consideration under statistical note 6 to Chapter 61; the garment is not classifiable in heading 6110 as it does not provide sufficient front coverage HTSUS Number: 6114.20.0060 Textile Category Number: 359 Style Number: GR2460BW Garment Description: 82% cotton, 18% spandex finely knit long sleeved scoop necked pullover HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: incomplete lines of demarcation on the front panel for the neckline; only two insufficient marker holes on the back panel for the neckline HTSUS Number: 6110.20.2079 Textile Category Number: 339 Style Number: GE0098W Garment Description: 82% cotton, 18% spandex finely knit sleeveless v-necked pullover HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: only two insufficient marker holes to delineate the neckline on the back panel HTSUS Number: 6110.20.2079 Textile Category Number: 339 Style Number: GR2021C-W Garment Description: Off the shoulder turned collared long sleeved pullover made of 82% cotton and 18% spandex finely knit fabric HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: no lines of demarcation on either front or back panels to account for curvature of the neckline HTSUS Number: 6110.20.2079 Textile Category Number: 339 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