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NY M82667




May 12, 2006

CLA-2-61:RR:NC:N3:356 M82667

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3053

Ms Shelly Monahan
Seattle Pacific Industries, Inc.
P.O. Box 58710
Seattle, WA 98138

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

Dear Ms. Monahan:

In your letter dated April 14, 2006, you requested a tariff classification ruling. Your samples are being returned as you requested.

Style Number: R306590

Garment Description: Men’s long sleeve pullover, 55% acrylic, 45% cotton double knit fabric, rib knit mock turtleneck, half-zip front placket, tubular knit cuffs, tubular knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 11 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 11 stitches per 2 centimeters

Component Construction: Not knit to shape Partial lines of demarcation at the front neckline do not delineate full neckline Line of demarcation for the front placket is not clear Capping at zipper placket lacks a self-start bottom Zipper tape is cut to length, rather than knit to length. Unable to determine whether neckline on back panel is acceptable because the panel has been worked (shoulders and rear neckline have been linked and waste yarn removed). Panel must be submitted in the condition as it comes off the knitting machine without removal of waste yarn or any other working.

HTSUS Number: 6110.30.3053
Textile Category Number: 638

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.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division


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