CLA-2-61:RR:NC:N3:359 M84783

Ms, Linda Rasco
Metro Customs Brokers, Inc.
40 Miromar Dr., Suite 12
Champlain, NY 12919

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

Dear Ms. Rasco:

In your letter dated June 30, 2006, you requested a classification ruling on behalf of Fair Vane Corp.

Following are descriptions of the samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provisions that apply.

Style Number: AH-051W Garment Description: long sleeve turtleneck sweater knit of 45% rabbit, 20% nylon and 35% acrylic fiber yarn HTSUS Chapter 61 Statistical Note 3 Stitch Count: less than 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: not applicable Component Construction: meets the stitch count requirement for classification as a sweater HTSUS Number: 6110.30.1520 Textile Category Number: 446

Style Number: YC61509W Garment Description: 100% cotton knit partial buttoned front, long sleeved variegated rib knit pullover HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: does not exceed 9 or more Component Construction: does not meet the stitch count requirement for consideration under statistical note 6 to Chapter 61 HTSUS Number: 6110.20.2079 Textile Category Number: 339

Style Number: GF6084W Garment Description: boat necked raglan long sleeved pullover made of 82% cotton, 18% spandex knit fabric HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: front and back panels have inadequate lines of demarcation for the neckline HTSUS Number: 6110.20.2079 Textile Category Number: 339

Style Number: GF6060W Garment Description: full front zippered, long sleeved, hooded cardigan made of 46% rayon, 38% nylon, and 16% rabbit fur knit fabric HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: full needle tape for the zipper not knit to length; back panel had inadequate (2) marker holes for line of demarcation for the neckline 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/.

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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division