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NY M81962

May 10, 2006

CLA-2-61:RR:NC:N3:356 M81962


TARIFF NO.: 6110.30.1550

Ms. Cassie McKinnon
Associated Merchandising Corporation
33 South 6th Street, CC-3315
Minneapolis, MN 55402

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

Dear Ms. McKinnon:

In your letter dated April 6, 2006, you requested a tariff classification ruling. Your samples are being returned as you requested.

Style Number: MCS3723

Garment Description: Men’s 50% wool, 50% acrylic, jersey and intarsia knit pullover, rib knit stand-up collar, partial opening at the neck with a zipper closure, long sleeves with rib knit cuffs and a rib knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 13 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Not applicable. Statistical Note 6 does not apply to tariff number 6110.30.1550.

HTSUS Number: 6110.30.1550, Harmonized Tariff Schedule of the United States (HTSUS). Rate of duty: 17%
Textile Category Number: 438

Although you state that you believe the garment is classifiable in HTSUS 6110.30.3051 as a knit to shape garment, classification is determined by Note 2 (A) of Section XI since the fabric is constructed from a blend of 50% wool, 50% acrylic fibers and no textile material predominates by weight.

Regarding component construction, the following observations are supplied for your information. The front panel has a partial line of demarcation that does not delineate the full front neckline and the back panel has no line of demarcation at the neckline. Marker holes at the rear neckline are not sufficient as delineation. Also, the jersey knit capping at the zipper placket requires a self start bottom

At the time of entry, Customs may verify the actual fiber content of Style MCS3723. If the fiber content differs from that indicated in your letter, the tariff classification may change from the information indicted above.

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/.

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 Mary Ryan at 646-733-3271.


Robert B. Swierupski, Director
National Commodity Specialist Division

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