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

N035639 September 4, 2008 CLA-2-61:OT:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6110.20.2077;6110.20.2079 Mr. Charles Spoto Alba Wheels Up International, Inc. 150-30 132nd Avenue, Suite 208 Jamaica, NY 11434 RE: The tariff classification of women’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Mr. Spoto: In your letter dated August 8, 2008 you requested a classification ruling on behalf of your client Top Value Inc. The submitted samples are being returned as per your request. Following are description(s) of the sample(s) that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision(s) that apply. Style Number: 083C0307365 Garment Description: Women’s pullover constructed of 53% cotton, 39% acrylic, and 8% nylon jersey fabric. The garment features a rib knit turtleneck collar, long sleeves with rib knit cuffs, and a rib knit self-start garment bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: More than nine stitches per two centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters. Component Construction: All components are knit to shape and assembled by linking and looping. All meet the requirements of statistical note 6 to Chapter 61 HTSUS. HTSUS Number: 6110.20.2077 Textile Category Number: 339 Style Number: 083S0106116 Garment Description: Women’s cardigan constructed of 56% cotton, 42% acrylic, and 2% nylon jersey fabric. The garment features a v-shaped front neckline with a jersey placket, a full front opening with a seven button closure, long sleeves with rib knit cuffs, and a rib knit self-start garment bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: More than nine stitches per two centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters. Component Construction: The front panel component lacks clear and continuous lines of demarcation at the front opening; the lines of demarcation do not extend to the bottom of the panel. The garment is not knit to shape. HTSUS Number: 6110.20.2079 Textile Category Number: 339 We are unable to rule on style 083E0307363 at this time. Submit a finished production garment sample in a ladies regular size medium. 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. 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. 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