The tariff classification of men’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6Dear Ms. Fox:

NY M84734 July 28, 2006 CLA-2-61:RR:NC:N3:356 M84734 CATEGORY: Classification TARIFF NO.: 6110.20.2069 Ms. Melissa Fox Barthco International, Inc. 5101 S. Broad Street Philadelphia, PA 19112-1404 RE: The tariff classification of men’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Ms. Fox: This letter replaces NY M83356 that was issued to you on June 2, 2006 on behalf of Peninsula Global, Inc. In that letter, Style LCS07985 was not considered knit to shape because of the construction of the neckband component. On June 26, 2006, you submitted new components for this style. An examination of the new components indicates that the construction of the neckband has been changed to have a self-start bottom and self-finished sides. However, the submitted garment and the submitted components do not match. The neckband of the submitted garment is different from the neckband component. Style Number: LCS07985 Garment Description: Men’s pullover, 100% cotton; double knit fabric, jersey knit mitered V-neckline, long sleeves with tubular knit cuffs, tubular 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 Garment Construction: Not knit to shape The neckband on the garment and the submitted component do not match. The neckband on the garment does not have a self-start bottom. HTSUS Number: 6110.20.2069 Textile Category Number: 338 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. 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. 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