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

N004198 December 29, 2006 CLA-2-61:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6110.20.2079 Ms. Gail T. Cumins Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street NY, NY 10004 RE: The tariff classification of a women’s knitted garment from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Ms. Cumins: In your letter dated December 4, 2006, you requested a classification ruling on behalf of Milliard, Inc. The provided sample is being returned as per your request. Following is the description of the sample that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision that applies. Style Number: 207360 Garment Description: Women’s short sleeve cardigan constructed of a lightweight 100% cotton plain jersey fabric. The cardigan features a v-shaped neckline, a full front opening with a 6 button closure, a self-fabric belt that is threaded through two chain stitch belt loops, two front patch pockets, full-fashion marking at the sleeve seams, and a ribbed knit finish at the cuffed short sleeves and garment bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: equal to or less than 18 Component Construction: The pockets do not have self-start bottoms; the bottom pocket edge has been finished with linking/looping. All components were not knit to shape; the garment does not qualify as a knit to shape garment. HTSUS Number: 6110.20.2079 Textile Category Number: 339 You suggested classification as a suit-type jacket, however, the garment’s fabric and styling are more akin to that of a sweater-like cardigan than of a jacket. The initial impression of the garment is that it is a sweater-like cardigan and will be worn as such. Therefore, it is properly classified under the provision for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, heading 6110, HTSUS. 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Francine Vivona-Brock at 646-733-3049. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division