United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2006 NY Rulings > NY L89915 - NY L89963 > NY L89958

Previous Ruling Next Ruling
NY L89958

January 20, 2006

CLA-2-61:RR:NC:TA:359 L89958


TARIFF NO.: 6110.30.3055

Ms. Cherie Fuller
United Peak Limited
2055 Autumn Leaves Circle
Green Bay, WI 54313

RE: The tariff classification of a woman’s pullover and a woman’s cardigan from China Correction to Ruling Number L89175

Dear Ms. Fuller:

This replaces Ruling Number L89175, dated December 21, 2005, which contained a typographical error and mistake of fact. The letter was issued on behalf of the wrong party and extraneous textile category information was given. A complete corrected ruling follows.

In your letter dated December 9, 2005 you requested a classification ruling on behalf of United Peak Limited, 2/F, Lucky Factory Building, 63-65 Hung To Road, Kwun Tong, Kowloon, Hong Kong. Your samples are being returned as requested.

The submitted sample, style number SW515664, is a woman’s cardigan that is constructed from 60% rayon and 40% cotton, knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The garment features a deep V-neckline, short sleeves with ribbed cuffs and 2 non-functional buttons, a full front opening with an 8-button closure, and a ribbed bottom.

The submitted sample, style number SW515585, is a woman’s sleeveless pullover that is constructed from 60% rayon and 40% cotton, rib knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a square neckline and a straight bottom.

The applicable subheading for the cardigan and the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s sweaters, pulloversand similar articles, knitted: of man made fibers: otherother: women’s. The duty rate will be 32% 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/.

The cardigan and the pullover fall within textile category designation 639. 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.

In your letter requesting corrections to the original ruling letter, L89175, you submitted additional information regarding the construction of the garments. Please note that in 2006, the classification number 6110.30.3055, Harmonized Tariff Schedule of the United States (HTSUS), was replaced by both 6110.30.3057 or 6110.30.3059, HTSUS, dependent upon certain requirements set out in Statistical Note 6 to Chapter 61, HTSUS, 2006 Edition. At this time, we can only address the corrections to the letter, NY L89175. as it should have been written; not as it would be written if presented in 2006. Due to that fact, we cannot address the changes you wish, other than the typographical errors and the textile category information.

In your letter you asked if the garments would qualify for classification under subheading 6110.30.3057, HTSUS, which requires garments to be constructed as described in Statistical Note 6 to Chapter 61, HTSUS. That note states:

“ For the purposes of heading 6110, the term “knit to shape” means garments knit to shape on flat-knitting machines, having a stitch count exceeding 9 stitches per 2 centimeters, but less than or equal to 18 stitches per 2 centimeters, measured on the outer surfaces of the fabric, in the direction on which the stitches were formed. All of the garment’s components, which include, but are not limited to collars, plackets, cuffs, waistband and pockets, are knit to shape. Components are considered knit to shape if they come off the knitting machine in exactly the form used in the garment, without further cuttings, or trimming. All of the components are assembled by looping and linking, including the side seams.”

Although you did state that the samples you submitted are made according to the Statistical Note, we need all of the components of the garments in their unassembled condition, as they come off the knitting machine, in condition ready to be assembled without cutting or trimming. We will return the samples you have submitted, If you decide to resubmit your request for a current ruling, please note that we will need the component pieces of the garments as well as the finished garments.

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 Camille R. Ferraro at 646-733-3049.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: