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NY N010602




May 29, 2007

CLA-2-61:RR:NC:TA:359

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2077; 6110.20.2079; 6110.30.3057; 6114.30.1020

Jospeh R. Hoffacker
Barthco Trade Consultants
5101 S. Broad Street
Philadelphia, PA 19112-1404

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

Dear Mr. Hoffacker:

In your letter dated April 30, 2007, you requested a classification ruling on behalf of Combined Interest Inc. Your samples are being returned as requested.

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

Style Number: 2915
Garment Description: Women’s 58% cotton 42% viscose knitted sleeveless pullover which features ribbed knit armholes and scooped collar. HTSUS Chapter 61 Statistical Note 3 Stitch Count: Over nine stitches per two centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters Component Construction: All components are knit to shape and assembled by looping and linking. All meet requirements of statistical note 6 to Chapter 61. HTSUS Number: 6110.20.2077
Textile Category Number: 339

Style Number: 2445
Garment Description: Women’s 58% cotton 42% viscose knitted pullover which features a cowl neckline; long raglan sleeves and a knitted fabric belt that ties around the waist. HTSUS Chapter 61 Statistical Note 3 Stitch Count: Over nine stitches per two centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters Component Construction: The belt component lacks a self-start bottom. The neckline of the submitted rear panel component does not match the rear neckline of the garment. The garment is not knit to shape. HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: 2575
Garment Description: Women’s 100% acrylic knitted sleeveless pullover which features a ribbed knit turtleneck collar and ribbed knit armholes and garment bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: Over nine stitches per two centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters Component Construction: All components are knit to shape and assembled by looping and linking. All meet requirements of statistical note 6 to Chapter 61. HTSUS Number: 6110.30.3057
Textile Category Number: 639

Style Number: 2575BC
Garment Description: Women’s 58% cotton 42% viscose knitted sleeveless pullover which features a ribbed knit turtleneck collar and ribbed knit armholes and garment bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: Over nine stitches per two centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters Component Construction: All components are knit to shape and assembled by looping and linking. All meet requirements of statistical note 6 to Chapter 61. HTSUS Number: 6110.20.2077
Textile Category Number: 339

Style Number: 2385
Garment Description: Women’s 100% acrylic knitted top which reaches the waist and features a v-neckline, short sleeves with oversized armholes and a wide rib knit self-start bottom. You asserted classification as a knit to shape garment under 6110, HTSUS. However, due to the oversized armholes, the garment does not have sufficient upper body coverage to warrant classification within 6110, HTSUS. The proper classification would be as a top under 6114.30.1020, HTSUS. HTSUS Chapter 61 Statistical Note 3 Stitch Count: Over nine stitches per two centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters Component Construction: Chapter 61, statistical note 6 only applies to garments classified in heading 6110. Because style 2385 is classified in heading 6114, the statistical note does not apply. The garment is not a knit to shape garment. HTSUS Number: 6114.30.1020
Textile Category Number: 639

Styles 2915, 2445 and 2575BC fall within textile category 339 and styles 2575 and 2385 fall within textile category 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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