The tariff classification of a woman’s knitted garment from Hong Kong; applicability of HTSUS Chapter 61 Statistical Note 6

N039978 October 21, 2008 CLA-2-61:OT:RR:NC:TA:359 CATEGORY: Classification TARIFF NO.: 6110.20.2079 Mr. John Mulvihill UPS Supply Chain Solutions One UPS Way Champlain, NY 12919 RE: The tariff classification of a woman’s knitted garment from Hong Kong; applicability of HTSUS Chapter 61 Statistical Note 6 Dear Mr. Mulvihill: In your letter dated September 25, 2008, on behalf of Tribal Sportswear of Montreal, Quebec, Canada, you requested a classification ruling. Your sample is being returned as requested. No component pieces were submitted. However, a knit to shape review was based on the completed garment. Following is a description of the sample that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision that applies. Style Number: 6072o-610 Garment Description: The garment is a woman’s 100% cotton cardigan with front and back panels constructed of a novelty knit fabric and ¾ length sleeves constructed of novelty knit fabric and jersey knit fabric. The garment features a V-neckline and a full front opening with a one button closure. The neckline, sleeve cuffs, placket and garment bottom are finished with ribbed fabric. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: equal to or less than 18 Component Construction: The underside placket tape is made of woven fabric. The garment is not knit to shape. Note: we are unable to comment on the remainder of the garment as no component pieces were submitted with your request. HTSUS Number: 6110.20.2079 Textile Category Number: 339 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 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 Francine Vivona-Brock at 646-733-3049. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division