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NY M83912

July 6, 2006

CLA-2-61:RR:NC:N3:356 M83912


TARIFF NO.: 6110.30.3053

Mr. Richard Roberts
Paul Davril, Inc.
5401 So. Soto Street
Los Angeles, CA 90058

RE: The tariff classification of men’s knitted garments from India, Turkey, Hong Kong, Macau and China; applicability of HTSUS Chapter 61 Statistical Note 6.

Dear Mr. Roberts:

In your letter dated June 1, 2006, you requested a tariff classification ruling. Your samples are being retained for our files.

Style Number: 9577303

Garment Description: Men’s 100% acrylic cardigan; full front opening with a zippered closure; long, self-finished, raglan sleeves; knit to shape piping at the raglan sleeve seam; contrasting strips on front panel; self-finished bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: Back panel and raglan sleeves: 2x2 rib knit - 17 stitches per 2 centimeters. Front panel: double knit - center section - 11 stitches per 2 centimeters side sections - 8 stitches per 2 centimeters.

HTSUS Chapter 61 Statistical Note 6 Stitch Count; Back panel and raglan sleeves: 2x2 rib knit - 9 stitches per 2 centimeters. Front panel: double knit - center section - 11 stitches per 2 centimeters side sections - 8 stitches per 2 centimeters

Component Construction: The knit to shape provisions are not applicable. Over 60% of the surface area of the garment is constructed of fabric that does not meet the requirements of Chapter 61, Statistical Note 6. The contrasting vertical strips that are inserted into the raglan sleeve seam on the front panel are integral to the garment and are not knit to shape.

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.


Robert B. Swierupski, Director
National Commodity Specialist Division

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