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

NY M86867 October 16, 2006 CLA-2-61:RR:NC:N3:359 M86867 CATEGORY: Classification TARIFF NO.: 6110.30.3059; 6110.90.9042 Irina Parker Avon Products Incorporated 1251 Avenue of the Americas New York, NY 10105-0196 RE: The tariff classification of women’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Ms. Parker: In your letter dated September 20, 2006, you requested a classification ruling. Following are the descriptions of the samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision that apply. The garments were both identified by reference number 349826 and consist of a sweater wrap and a finely knit pullover. They will both use the same reference number in the ruling, although they are classified separately. Style Number: 349826 ballet wrap Garment Description: a long sleeved sweater with a full front opening with no closure made of 60% ramie and 40% nylon knit fabric HTSUS Chapter 61 Statistical Note 3 Stitch Count: less than 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 9 Component Construction: The stitch count does not meet the requirements of statistical note 6 to Chapter 61, but does meet the stitch count requirements of statistical note 3 to chapter 61 to be classified as a sweater HTSUS Number: 6110.90.9042 Textile Category Number: 845 Style Number: 349826 pullover Garment Description: a sleeveless pullover with a scoop neck, made of 92% nylon, 5% spandex and 3% lurex fiber. Based upon information supplied, the overall chief weight of the garment is nylon. The fabric is made of three yarns, a single ply nylon yarn; a single ply spandex yarn and a three ply yarn made of two plies of lurex and one ply of nylon. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: over 18 Component Construction: The garment is assembled by sewing. The stitch count does not meet the requirements of statistical note 3 to chapter 61 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/. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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