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

N016560 September 24, 2007 CLA-2-61:RR:NC:N3:356 CATEGORY: Classification TARIFF NO.: 6110.20.2069 Ms. Cheryl Vandergraff DC Shoes, Inc. 1333 Keystone Way, Unit A Vista, CA 92081 RE: The tariff classification of men’s knitted garments from China; applicability of HTSUS Chapter 61, Statistical Note 6 Dear Ms. Vandergraff: In your letter dated August 28, 2007, you requested a tariff classification ruling. As requested, your samples are being returned. Your request involves the applicability of the “knit to shape” provisions of Heading 6110 of the Harmonized Tariff Schedule of the United States (HTSUS). Customs and Border Protection (CBP) has published an Informed Compliance Publication entitled Classification of Knit to Shape Garments under HTSUS Heading 6110, available at www.cbp.gov (click on “Publications” and “Informed Compliance Publications”). This publication provides detailed explanations and many illustrated examples of the term “knit to shape” as defined in HTSUS Chapter 61 Statistical Note 6. If you study this publication and then review your garments with their components in the condition in which they come off the knitting machine, you may find that it is not necessary to obtain rulings for every single garment, but only for those which are unique and not covered by the publication. Following is a description of the samples that you have submitted and the HTSUS provision that applies. Style: Get Oh, Model # 51850008 Garment Description: Men’s 100% cotton, jersey knit pullover, rib knit crew neck, long sleeves with rib knit cuffs, and a rib knit bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: 13 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 13 stitches per 2 centimeters Component Construction: Not Knit to Shape. THE SUBMITTED COMPONENTS DO NOT MATCH THE FINISHED GARMENT. The front panel component has a contoured front neckline but the front neckline of the finished garment has been cut to shape. The back panel component has a contoured back neckline but the back neckline of the finished garment has been cut to shape. The sleeves are knit to shape with full fashion marks at the armholes. The neckband is knit to shape with a self-start bottom and self-finished sides. 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/. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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