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NY N017042

September 26, 2007



TARIFF NO.: 6110.30.3059

Mr. Andre Lexon
M.M&R/New Vision Apparel
512 West 37th Street, 30th Floor
New York, NY 10018

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

Dear Mr. Lexon:

In your letter dated September 12, 2007 you requested a classification ruling. As requested, your sample is being returned to you.

Your request involves the applicability of the “knit to shape” provisions of Heading 6110 of the Harmonized Tariff Schedule of the United States (HTSUS). Customs and Border Protection (CBP) has published an Informed Compliance Publication entitled Classification of Knit to Shape Garments under HTSUS Heading 6110, available at www.cbp.gov (click on “Publications” and “Informed Compliance Publications”). This publication provides detailed explanations and many illustrated examples of the term “knit to shape” as defined in HTSUS Chapter 61 Statistical Note 6. If you study this publication and then review your garments with their components in the condition in which they come off the knitting machine, you may find that it is not necessary to obtain rulings for every single garment, but only for those which are unique and not covered by the publication.

Following is the description of the sample that you have submitted and the HTSUS provision that applies.

Style Number: 550409
Garment Description: Women’s cardigan constructed of 46% viscose, 26% cotton, 20% polyester, and 8% metallic knit fabric. The garment features a round neckline, a full front opening with three button closures, short sleeves with faux buttons at the sleeve endings, and a straight garment bottom. Because the garment is constructed from yarns that include metallic fibers, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic is considered an “other fiber”, for purposes of classification at the six and eight digit levels. Based on the information you provided, the garment is constructed using two yarns, only one which includes metallic fibers. The yarn which is made from polyester and metallic fibers, makes up 28 percent of the fabric, and is considered an “other fiber.” As such, the fiber content of the garment may be stated as 46% viscose, 26% cotton, and 28% “other fibers” for classification purposes. The garment is, therefore, considered to be in chief weight of viscose. HTSUS Chapter 61 Statistical Note 3 Stitch Count: More than nine stitches per two centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count: More than eighteen stitches per two centimeters. Component Construction: The garment sleeve capping and neckband capping do not have self-start bottoms. The garment is not knit to shape. (Note: We are unable to comment on the remainder of the garment as deconstructed component pieces were submitted. Future requests should include component pieces as taken off the flat bed knitting machine, deconstructed garment components are not acceptable for our purposes.) HTSUS Number: 6110.30.3059
Textile Category Number : 639

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/.

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. 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 CBP officials. The issuance of this ruling does not preclude periodic verification by CBP 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.


Robert B. Swierupski

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