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NY M84901

July 17, 2006

CLA-2-61:RR:NC:N3:359 M84901


TARIFF NO.: 6110.20.2079

Maria E. Julia
Newport News Holdings Corporation
711 Third Ave., 4th flr
New York, NY 10017

RE: The tariff classification of a woman’s knit garment from China; applicability of HTSUS Chapter 61 Statistical Note 6; replacement of NY ruling M84525

Dear Ms. Julia:

This letter is being issued to replace NY ruling M84525, dated June 29, 2006, which contained a mistyped textile category designation. The letter with the corrected textile category designation follows:

In your letter dated June 23, 2006, you requested a classification ruling.

Following is the description of the sample that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision that applies.

Style Number: F03-98-060
Garment Description: long sleeved turtleneck pullover made of 60% cotton/40% acrylic knit fabric HTSUS Chapter 61 Statistical Note 3 Stitch Count: more than 10 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 9 Component Construction: the stitch count does not meet the requirements of the note when counting only the rib stitches as the note requires HTSUS Number: 6110.20.2079
Textile Category Number: 339

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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