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

N003763 December 28, 2006 CLA-2-61:RR:NC:N3:356 CATEGORY: Classification TARIFF NO.: 6110.20.2069 Ms. Elizabeth Costa Ms. Krystal Mehnert The Donna Karan Company LLC 580 Gotham Parkway Carlstadt, NJ 07072 RE: The tariff classification of a men’s knitted garment from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Ms. Costa and Ms. Mehnert: In your letter dated November 22, 2006, you requested a tariff classification ruling on behalf of DKNY, a division of The Donna Karan Company LLC. As requested, your sample is being returned. Style Number: M276226DB Garment Description: Men’s 100% cotton, 1x1 rib knit, V-neck pullover, long self-finished sleeves, and a self-finished bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: 36 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 18 stitches per 2 centimeters Component Construction: Not knit to shape The front panel has a contoured neckline and full fashion marks at the armholes. The back panel has neither contour shaping nor acceptable lines of demarcation at the rear neckline. Marker holes are not sufficient to delineate the neckline. The neckband has self-finished sides but does not have a self-start bottom. A self-start bottom on the waste yarn is not sufficient. In addition, the neckband is cut to shape to form the miter. HTSUS Number: 6110.20.2069 Textile Category Number: 338 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Mary Ryan at 646-733-3271. Sincerely, Robert B. Swierupski, Director National Commodity Specialist Division