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NY M82817

May 25, 2006

CLA-2-61:RR:NC:N3:359 NY M82817


TARIFF NO.: 6110.30.3057; 6114.20.0060

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-Five Broad Street
New York, NY 10004

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

Dear Ms. Cumins:

In your letter dated April 28, 2006, on behalf of your client Milliard, Inc., you requested a classification ruling.

Following is a description of two samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provisions that apply.

Style Number: 201700
Garment Description: Long sleeved, V-neckline pullover constructed from 70% rayon and 30% nylon knit fabric. The garment has rib knit cuffs, and a ribbed knit bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 stitches. Component Construction: All components are knit to shape and assembled by linking and looping. Garment is knit to shape. HTSUS Number: 6110.30.3057
Textile Category Number: 639

Style Number: 31600
Garment Description: Long sleeved upper body garment constructed from 55% cotton, and 45% acrylic knit fabric. The garment has a hood, deep V-neckline, and a rib knit bottom. The garment does not have sufficient bust coverage. HTSUS Number: 6114.20.0060
Textile Category Number: 359

Although you have suggested that Style 31600 be classified as a pullover in heading 6110.20.2077, the submitted garment does not have sufficient bust coverage, and therefore classified in heading 6114.20.0060 as an other upper body garment.

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 Camille Ferraro at 646-733-3049.


Robert B. Swierupski

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