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

N009441 May 2, 2007 CLA-2-61:RR:NC:TA:359 CATEGORY: Classification TARIFF NO.: 6110.30.3059 Ruth Hayd Kohl’s N56 W17000 Ridgewood Drive Menomonee Falls, WI 53051 RE: The tariff classification of women’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Ms. Hayd: In your letter dated April 5, 2007, you requested a classification ruling. Your samples are being returned as requested. Following is a description of the sample that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision that applies. Style Number: CB8248A Garment Description: Women’s 100% acrylic knitted ribbed knit long sleeve cardigan with an six button full front opening, patch pockets and a self fabric belt. 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 placket component is cut and not knit to length. Therefore, all components are not knit to shape and do not meet requirements of statistical note 6 to Chapter 61 HTSUS Number: 6110.30.3059 Textile Category Number: 639 Style CB8248A falls 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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. We are returning your request for a ruling on style ST370208 and any related samples and exhibits, etc. As the classification of this garment requires that a determination be made whether the garment is knit to shape according to Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), submit all of the component pieces of the garment in the condition as taken from the knitting machine with the waste yarns, and in condition ready for assembly without further treatment such as adding a stitch to prevent unraveling. Please indicate if the pieces are all linked and looped together, or whether some or all are sewn together. Please identify the type of knitting machine used to manufacture the component pieces. If or when you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. 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