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NY M80710

April 3, 2006

CLA-2-61:RR:NC:TA:N3:356 M80710


TARIFF NO.: 6110.20.2069

Ms. Marina Chan
Treasure Step International, Ltd.
14/F., Flat A, Hang Cheong Factory Bldg.
1 Wing Ming Street, Cheung Sha Wan,
Kowloon, Hong Kong

RE: The tariff classification of a men’s knit pullover from China.

Dear Ms. Chan:

In your letter dated March 1, 2006, you requested a tariff classification ruling. A sample of the finished garment and unassembled component parts were submitted.

Style 1400554 is a men’s pullover garment constructed from 100% cotton, jersey knit fabric that measures 15 stitches per two centimeters counted in the horizontal direction. The garment features a rib knit spread collar; a partial front opening with a zipper closure; short sleeves with tubular knit cuffs; and a tubular knit bottom with self-finished side vents.

The front panel has a self-start bottom, self-finished sides, full fashion marks at the armholes, an acceptable line of demarcation for the front zipper placket, and partial lines of demarcation delineating the front neckline. The back panel has a self-start bottom, self-finished sides, and full fashion marks at the armholes and at the shoulders. The sleeves are knit to shape with a self-start bottom, self-finished sides, and full fashion marks at the armholes. The rib knit collar is knit to shape with a self-start bottom and self-finished sides. The placket edging is not considered knit to shape. All components are assembled by linking and looping. For purposes of Statistical Note 6 to Chapter 61, the stitch count is 15 stitches per 2 centimeters counted on the outer surface of the fabric in the direction in which the stitches are formed.

Because the front neckline does not have a continuous line of demarcation that delineates the full neckline and the back panel has no line of demarcation at the rear neckline, the front and back panels are not considered knit to shape. In addition, the placket edging does not have a self-start bottom and is not considered knit to shape. Consequently, the garment does not meet the requirements of Chapter 61, Statistical Note 6.

The applicable subheading for Style 1400554 will be 6110.20.2069, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys': other. The duty rate is 16.5% 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 1400554 falls within textile category designation 338. 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). A copy of this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.


Robert B. Swierupski, Director
National Commodity Specialist Division

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