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

N009331 April 30, 2007 CLA-2-61:RR:NC:TA:359 CATEGORY: Classification TARIFF NO.: 6110.20.2079; 6110.30.3059 Linda M. Rasco Metro Custom Brokers P.O. Box 1066 40 Miramar Drive, Ste 12 Champlain, NY 12919 RE: The tariff classification of a woman’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Ms. Rasco: In your letter dated March 30, 2007, you requested a classification ruling on behalf of Hyp Golf, Ltd. Your samples are being returned as requested. Following is a description of the samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision that applies. Style Number: 7A-7056 Garment Description: Women’s 82%cotton 15% nylon 3% spandex knitted long sleeve pullover with 4 knitted fabric insert components at the shoulder area on the both front and back panels and a rounded capped neckline. HTSUS Chapter 61 Statistical Note 3 Stitch Count: Over nine stitches per two centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters Component Construction: The shoulder insert components are cut pieces of fabric that are finished with an overlock stitch to stop unraveling. Therefore, all components are not knit to shape and do not meet requirements of statistical note 6 to Chapter 61 HTSUS Number: 6110.20.2079 Textile Category Number: 339 Style Number: 7A-7057 Garment Description: Women’s 82%cotton 15% nylon 3% spandex knitted cardigan which features a full front opening with a zippered closure, long sleeves with a patch at the elbow, a stand up collar and ribbed knit insert at the shoulders. HTSUS Chapter 61 Statistical Note 3 Stitch Count: Over nine stitches per two centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters Component Construction: The front neckline has only partial lines of demarcation. No placket tape component was submitted, however, the garment placket tape has been cut to length. Therefore, all components are not knit to shape and do not meet requirements of statistical note 6 to Chapter 61 HTSUS Number: 6110.20.2079 Textile Category Number: 339 Style Number: 7A-7058 Garment Description: Women’s 82%cotton 15% nylon 3% spandex knitted cardigan which features a full front opening with a zippered closure, long sleeves with a patch at the elbow and a stand up collar. HTSUS Chapter 61 Statistical Note 3 Stitch Count: Over nine stitches per two centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters Component Construction: The front panel neckline has only partial lines of demarcation. The rear panel neckline has two marker holes which are not sufficient to delineate the neckline. Therefore, all components are not knit to shape and do not meet requirements of statistical note 6 to Chapter 61 HTSUS Number: 6110.20.2079 Textile Category Number: 339 Style Number: 7A-7060 Garment Description: Women’s 33% nylon 32% rayon 15% cotton 8% lambswool 6% cashmere, 6% angora long sleeve knitted v-neck pullover. HTSUS Chapter 61 Statistical Note 3 Stitch Count: Over nine stitches per two centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters Component Construction: The rear panel lacks delineation at the neckline. The neck trim component does not have a self-start bottom. Therefore, all components are not knit to shape and do not meet requirements of statistical note 6 to Chapter 61 HTSUS Number: 6110.30.3059 Textile Category Number: 639 Style Number: 7A-7062 Garment Description: Women’s 33% nylon 32% rayon 15% cotton 8% lambswool 6% cashmere, 6% angora long sleeve knitted v-neck pullover. HTSUS Chapter 61 Statistical Note 3 Stitch Count: Over nine stitches per two centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters Component Construction: The rear panel lacks delineation at the neckline.The neck trim component does not have a self-start bottom. Therefore, all components are not knit to shape and do not meet requirements of statistical note 6 to Chapter 61 HTSUS Number: 6110.30.3059 Textile Category Number: 639 Styles 7A-7056, 7A-7057 and 7A-7058 fall within textile category 339. 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. Styles 7A-7060 and 7A-7062 fall within textile category 639. 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. Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”). 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