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

NY M85109 August 10, 2006 CLA-2-61:RR:NC:N3:356 M85109 CATEGORY: Classification TARIFF NO.: 6110.20.2067; 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: In your letter dated July 14, 2006, you requested a tariff classification ruling on behalf of Supreme International. Your samples will be retained for our files. Style Number: 46FG7015 Garment Description: Men’s 60% cotton, 40% rayon knit pullover, tubular knit crew neckband, 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: Knit to shape Front Panel - Clear and continuous line of demarcation by a change in knit pattern, full fashion marks at the armholes Back Panel - Clear and continuous line of demarcation by a change in knit pattern, full fashion marks at the armholes Sleeves – Self-start bottom, full fashion marks at the armholes Neckband – Tubular knit with a self-start bottom and self-finished sides HTSUS Number: 6110.20.2067 Textile Category Number: 338 Style Number: 46HG3002 Garment Description: Men’s 60% cotton, 40% rayon, jersey knit pullover, tubular knit V-neckline, tubular inserts covering the saddle sleeve seam, long sleeves with tubular knit cuffs, and a tubular knit bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: 15 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 15 stitches per 2 centimeters Component Construction: Not knit to shape Front Panel – Clear and continuous lines of demarcation, full fashion marks at the armholes Back Panel – Does not have either contour shaping or clear and continuous lines of demarcation at the rear neckline Sleeves – Self-start bottom, full fashion marks at the armholes Neckband – Self-start bottom and self-finished sides Inserts covering the sleeve seams do not have a self start bottom HTSUS Number: 6110.20.2069 Textile Category Number: 338 Style Number: 46HG3003 Garment Description: Men’s 60% cotton, 40% rayon, jersey knit pullover, Johnny collar, center front insert, short sleeves with rib knit cuffs, and a rib knit bottom HTSUS Chapter 61 Statistical Note 3 Stitch Count: Front insert - 13 stitches per 2 centimeters; remainder of garment – 15 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Front insert - 13 stitches per 2 centimeters; remainder of garment – 15 stitches per 2 centimeters Component Construction: Not knit to shape Front – Side panels are knit to shape, center front panel lacks a self-start bottom on garment insert Back Panel - Marker holes are not sufficient to delineate the back neckline 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