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

NY M84781 July 14, 2006 CLA-2-61:RR:NC:N3:359 M84781 CATEGORY: Classification TARIFF NO.: 6110.20.2020; 6110.20.2079; 6110.30.3059 Ms. Linda Rasco Metro Customs Brokers, Inc. 40 Miromar Dr., 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: GF6212W Garment Description: 100% cotton knit sweater with a hood, full front zippered opening and a hood HTSUS Chapter 61 Statistical Note 3 Stitch Count: les than 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: not applicable Component Construction: the stitch count disqualifies the garment from consideration under statistical note 6 to Chapter 61 HTSUS Number: 6110.20.2020 Textile Category Number: 345 Style Number: GR2237BW Garment Description: 82% rayon, 18% spandex knit fabric sleeveless 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: inadequate lines of demarcation on both front and back panels for the neckline; capping fabric for neck and armholes not knit to shape HTSUS Number: 6110.30.3059 Textile Category Number: 639 Style Number: NDGR2212W Garment Description: 82% cotton, 18% spandex variegated rib knit long sleeved, scooped neck pullover with partial neck opening secured with six buttons HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: incomplete line of demarcation on the back panel (2 marker holes) HTSUS Number: 6110.20.2079 Textile Category Number: 339 Style Number: GR2463BW Garment Description: 82% cotton, 18% spandex knit long sleeved pullover with attached hood 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 both front and back panels with inadequate marker holes; the one piece hood component is cut and then assembled – not within parameters of statistical note 6 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