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

N002983 December 6, 2006 CLA-2-61:RR:NC:N3:356 CATEGORY: Classification TARIFF NO.: 6110.20.2069 Mr. Joseph R. Hoffacker 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 Mr. Hoffacker: In your letter dated November 2, 2006, you requested a tariff classification ruling on behalf of Supreme International. Your sample is being retained for our files. Style Number: 47SG2004 Garment Description: Men’s 56% cotton, 22% lyocell, 22% modal, finely knit, crew neck pullover, turned fabric front panel, long sleeves with rib knit cuffs, rib knit bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: 12 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 12 stitches per 2 centimeters Component Construction: Not knit to shape The front panel does not have a continuous line of demarcation for the neckline or armholes nor an acceptable self-start bottom. A self-start on the waste yarn is not sufficient. The back panel has a self-start bottom and full fashion marks at the armholes but the marker holes are not sufficient to delineate the rear neckline. The sleeves have full fashion marks at the armholes. The neckband has a self-start bottom and self-finished sides. The waistband has 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/. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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. 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