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

N013387 July 19, 2007 CLA-2-61:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6110.30.3059 Mr. James Redman-Gress RGA Logistics 29 Leinbach Drive D-3 Charleston, SC 29407 RE: The tariff classification of a women’s knitted garment from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Mr. Redman-Gress: In your letter dated June 19, 2007 you requested a classification ruling on behalf of your client Garmex International Corporation. The classification of style 33290 requires that a determination be made whether the garment is knit to shape according to Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS). No component pieces were submitted, however, a knit to shape review was based on the completed garment. The submitted sample is being returned as per your request. Following is the description of the sample that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision(s) that apply. Style Number: 33290 Garment Description: Women’s long sleeve cardigan constructed of 90% acrylic and 10% nylon 2x2 rib knit fabric. The garment features a full front opening with a button closure and self-fabric tie closure at the neckline, a shawl collar, and two non-functional buttons at either side of the garment below the bust area. HTSUS Chapter 61 Statistical Note 3 Stitch Count: More than nine stitches per two centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count: Less than nine stitches per two centimeters. Component Construction: The garment does not meet the stitch count requirements of Statistical Note 6 to Chapter 61 (Additionally, note that the neckline capping lacks a self-start bottom). The garment is not knit to shape. HTSUS Number: 6110.30.3059 Textile Category Number: 639 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Francine Vivona-Brock at 646-733-3049. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division