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

N014865 August 13, 2007 CLA-2-61:RR:NC:TA:359 CATEGORY: Classification TARIFF NO.: 6110.30.3057 Alex Zou Just In Inc. 325 West 38th Street – Suite 902 New York, NY 10018 RE: The tariff classification of women’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Mr. Zou: In your letter dated July 23, 2007, you requested a classification ruling on behalf of Joyce Leslie. The provided samples are being returned as per your request. 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: NB47S295 Garment Description: Women’s 70% rayon 30% nylon multi-ribbed knit fabric pullover that features a turtleneck, long sleeves, and self-start bottom. 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: All components are knit to shape and assembled by looping and linking. All meet requirements of statistical note 6 to Chapter 61 HTSUS Number: 6110.30.3057 Textile Category Number: 639 Style Number: NB47S479 Garment Description: Women’s 70% rayon 30% nylon multi-ribbed knit fabric pullover that features a rounded neckline, long sleeves and a self-start bottom. 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: All components are knit to shape and assembled by looping and linking. All meet requirements of statistical note 6 to Chapter 61 HTSUS Number: 6110.30.3057 Textile Category Number: 639 Please provide individual style numbers for the two garments containing metallic fibers. The fabric of these garments appear to contain metallic yarns. Yarns containing a metallized fiber are considered to be an “other” fiber. Therefore, in order to determine the classification of these garments please provide the following: The number of different yarns used in the fabric of the garments The fiber content of each yarn The number of plies in each yarn The relative weight by percentage of each of the yarns that comprise the fabric The overall fiber content of the garments When this information is available, you may wish to consider resubmission of your request. If 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. 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. 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