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

N047031 January 9, 2009 CLA-2-61:OT:RR:NC:WA:356 CATEGORY: Classification TARIFF NO.: 6110.20.2069 Mr. Albert Carollo French Connection 184-10 Jamaica Avenue Hollis, NY 11423 RE: The tariff classification of men’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6. Dear Mr. Carollo: In your letter dated December 11, 2008, you requested a tariff classification ruling. As requested, your samples are being returned. Your request involves the applicability of the “knit to shape” provisions of Heading 6110 of the Harmonized Tariff Schedule of the United States (HTSUS). Customs and Border Protection (CBP) has published an Informed Compliance Publication entitled Classification of Knit to Shape Garments under HTSUS Heading 6110, available at www.cbp.gov (click on “Publications” and “Informed Compliance Publications”). This publication provides detailed explanations and many illustrated examples of the term “knit to shape” as defined in HTSUS Chapter 61 Statistical Note 6. If you study this publication and then review your garments with their components in the condition in which they come off the knitting machine, you may find that it is not necessary to obtain rulings for every single garment, but only for those which are unique and not covered by the publication. Following is a description of the sample that you have submitted and the HTSUS provision that applies. Style Number: 58CH1 Garment Description: Men’s 100% cotton, jersey knit pullover; self-fabric spread collar; partial front opening with three button closures; short sleeves with tubular knit cuffs; and a tubular knit bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: - 17 stitches per 2 centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count; - 17 stitches per 2 centimeters. Component Construction: Not knit to shape. The front panel has clear and continuous lines of demarcation at the front neckline, full fashion marks at the armholes, and contour knitting at the placket. The front panel is knit to shape. The back panel has neither contour knitting nor clear and continuous lines of demarcation at the back neckline. The back panel is not knit to shape. The sleeves are knit to shape with a self-start bottom and full fashion marks at the armholes. The collar is knit to shape with a self-start bottom and self-finished sides. The rib knit placket tape does not have a self-start bottom and has been cut to length. The capping covering the neckline seam does not have a self-start bottom and is not knit to shape. HTSUS Number: 6110.20.2069 Style Number: 58AM1 Garment Description: Men’s 100% cotton, jersey and reverse jersey knit pullover; rib knit crew neckline; long set-in sleeves with rib knit cuffs; and a rib knit bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: - 14 stitches per 2 centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count; - 14 stitches per 2 centimeters. Component Construction: Not knit to shape. The front panel has partial lines of demarcation at the front neckline. The front panel is not knit to shape. The back panel has partial lines of demarcation at the back neckline. The back panel is not knit to shape. The sleeves are knit to shape with a self-start bottom and full fashion marks at the armholes. The collar is knit to shape with a self-start bottom and self-finished sides. HTSUS Number: 6110.20.2069 Style Number: 58CB1 Garment Description: Men’s 100% cotton, jersey knit pullover; rib knit crew neckline; long raglan sleeves with rib knit cuffs; and a rib knit bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: - 17 stitches per 2 centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count; - 17 stitches per 2 centimeters. Component Construction: Not knit to shape. The front panel has partial lines of demarcation at the front neckline. The front panel is not knit to shape. The back panel has neither contour knitting nor clear and continuous lines of demarcation at the back neckline. The back panel is not knit to shape. The sleeves are knit to shape with a self-start bottom and full fashion marks at the armholes. The collar is knit to shape with a self-start bottom and self-finished sides. HTSUS Number: 6110.20.2069 Style Number: 58CI1 Garment Description: Men’s 100% cotton, interlock knit pullover; rib knit V-neckline; long set-in sleeves with rib knit cuffs; and a rib knit bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: - 14 stitches per 2 centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count; - 14 stitches per 2 centimeters. Component Construction: Not knit to shape. The front panel has clear and continuous lines of demarcation at the front neckline and at the armholes. The front panel is knit to shape. The back panel has a partial line of demarcation at the back neckline and at the armholes. The back panel is not knit to shape. The sleeves are knit to shape with a self-start bottom and clear and continuous lines of demarcation at the armholes. The collar is knit to shape with a self-start bottom and self-finished sides. HTSUS Number: 6110.20.2069 Style Number: 58BR1 Garment Description: Men’s 100% cotton, jersey knit pullover; self-fabric hood with a drawstring; partial front opening with a zipper closure; long sleeves with tubular knit cuffs; a pouch pocket at the waist; and a tubular knit bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: - 17 stitches per 2 centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count; - 17 stitches per 2 centimeters. Component Construction: Not knit to shape. The front panel has a contour neckline, clear and continuous lines of demarcation at the front placket, and full fashion marks at the armholes. The front panel is knit to shape. The back panel has a contour neckline and full fashion marks at the armholes. The back panel is knit to shape. The sleeves are knit to shape with a self-start bottom and full fashion marks at the armholes. The placket capping does not have a self-start bottom and is not knit to shape. The hood panels do not have a self-start bottom and are not knit to shape. The capping on the hood does not have a self-start bottom and is cut to length. The capping on the hood is not knit to shape. The pocket does not have a self-start bottom and is not knit to shape. The capping at the pocket edge does not have a self-start bottom and is not knit to shape. HTSUS Number: 6110.20.2069 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/. 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