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

NY M85194 August 09, 2006 CLA-2-61:RR:NC:N3:359 M85194 CATEGORY: Classification TARIFF NO.: 6110.30.3059 Mr. Ricky Ma Wen-Parker Logistics 230-79 International Airport Center Blvd., Suite 800-805 Jamaica, NY 11413 RE: The tariff classification of a woman’s knitted garment from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Mr. Ma: In your letter dated July 21, 2006, on behalf of Fashion Avenue Knits, Inc., you requested a classification ruling. Following is a description of the sample that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision(s) that applies. Style Number: 7818 Garment Description: 80% rayon, 20% polyester varied rib knit cardigan, ribbed turtle neck, long sleeves, and full front opening with zipper closure HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: under 18 Component Construction: The placket pieces on the cardigan are not knit to shape. The sides unravel when linking stitch is removed. Placket pieces submitted as separate components were kept from unraveling because the waste yarn was replaced with a linking or chain stitch to hold the piece together. This is not the same component used in the same condition as the placket piece on the garment. 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