The tariff classification of five women’s knitted garments from China and Bulgaria.

N023082 February 21, 2008 CLA-2-61:OT:RR:NC:3:359 CATEGORY: Classification TARIFF NO.: 6110.20.2020; 6110.30.3059 Mr. John Mulvihill UPS Supply Chain Solutions One UPS Way Champlain, NY 12919 RE: The tariff classification of five women’s knitted garments from China and Bulgaria. Dear Mr. Mulvihill: In your letter dated February 5, 2008, on behalf of your client Tribal Sportswear of Montreal, you requested a classification ruling. As requested, your samples are being returned to you. Style number 5575o-578 is a woman’s sweater that is constructed from 100% cotton knitted fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the direction that the stitches were formed. The garment reaches to below the waist. The garment features a shawl collar with a v-shaped front neckline, a full front opening with one snap closure, ¾ length bell sleeves and two front pockets below the waist. The country of origin is China. Style number 5580o-578 is a woman’s sweater that is constructed from 100% cotton knitted fabric. The outer surface of the garment measures nine or fewer stitches per two centimeters in the direction that the stitches were formed. The garment reaches to below the waist. The garment features a 2x2 rib knit mock-neck collar, long sleeves with a 2x2 rib knit finish, a cable stitch upper front panel, and four faux buttons on either side of the garment bottom. The country of origin is China. Style number 5652o-926 is a woman’s cut and sewn printed pullover that is constructed from 94% polyester and 6% spandex knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a v-shaped front neckline, long hemmed sleeves, shirring on both side seams at the lower portion of the garment bottom, and a hemmed bottom. The country of origin is Bulgaria Style number 5690o-917 is made up of two garments tacked together at the shoulders. The “outer” pullover is constructed from 60% nylon, 36% polyester, and 4% spandex open work fabric with an inwrought design. The outer surface of the garment measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment features a v-shaped front neckline with capping, ¾ length sleeves with capping, and a hemmed bottom. The “inner” garment is a woman’s cut and sewn sleeveless pullover that is constructed from 100% polyester knitted fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment features a scoop front neckline and a hemmed bottom. The two garments are easily separable, thus the style is classified as two separate garments. The country of origin is Bulgaria. We are unable to process your submission for the remaining style, as component pieces of the garment were not supplied for review. As the classification of the garment (style 5543o-576) 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), submit a finished production garment sample in a ladies regular size medium and all of the component pieces of the garments in the condition as taken from the knitting machine with the waste yarns attached, and in condition ready for assembly without further treatment such as adding a stitch to prevent unraveling. Please indicate if the pieces are all linked and looped together, or whether some or all are sewn together. Please identify the type of knitting machine used to manufacture the component pieces. Note: Deconstructed garments are not suitable for our purpose. If or when you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. The applicable subheading for styles 5575o-578 and 5580o-578 will be 6110.20.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con): Of cotton (con): other: other: sweaters: women’s. The duty rate will be 16.5% ad valorem. The applicable subheading for styles 5652o-926 and 5690o-917 will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: women’s or girls’: other. The duty rate will be 32 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. Style numbers 5575o-578 and 5580o-578 fall within textile category 345. Style numbers 5652o-926 and 5690o-917 fall within textile category 639. 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). 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