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NY N022517




February 13, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9073

Mr. Phillip Adams
MPA International, Inc.
145 E. Chilton Drive
Chandler, AZ 85225

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

Dear Mr. Adams:

In your letter received January 24, 2008 you requested a classification ruling. As requested, your sample is being returned to you. No component pieces were submitted, however, a knit to shape review was based on the completed garment.

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: 4328T or L3603
Garment Description: Women’s sleeveless ribbed knit pullover with a v-shaped crocheted insert at the rounded front neckline and a crocheted fabric lower portion at the front and back panels. Narrow crocheted edging is found at the neckline and armholes. You stated the garment is constructed with an overall fiber content of 40% ramie, 33% cotton, 18% polyester, and 9% metallic knit fabric. You have also indicated the garment is made up of two yarns: a 2-ply 55% ramie/45% cotton yarn (73% by weight) and a 65% polyester/35% metallic yarn (27% by weight) which upon examination we found to be a 2-ply yarn. HTSUS Chapter 61 Statistical Note 3 Stitch Count: More than 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 crocheted v-shaped insert extends the dimension of the front panel neckline. The crocheted fabric bottom significantly extends the bottom dimension of the front and back panels. These crocheted components do not meet the requirement of the statistical note. The garment is not knit to shape. HTSUS Number: 6110.90.9073
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/.

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.

Sincerely,

Robert B. Swierupski
Director,

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