CLA-2-61:OT:RR:NC:N3:359
Mr. Joseph Hoffacker
Barthco International Inc.
5101 S. Broad Street
Philadelphia, PA 19112-1404
RE: The tariff classification of a women’s knitted garment from China; applicability of HTSUS Chapter 61 Statistical Note 6
Dear Mr. Hoffacker:
In your letter dated July 31, 2007 you requested a classification ruling on behalf of your client Combined Interest Inc. 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: 38-4086
Garment Description: Women’s long sleeve pullover which you state is constructed of 86% acrylic, 9% polyester, and 5% metallic knit fabric. The garment features a modified v-neckline with a gathering at the bust area. The garment was submitted to the U.S. Customs & Border Protection Laboratory for an analysis of its fiber content and yarn structure. Because the garment is constructed from yarns that include metallic fibers, it is necessary to analyze the yarns used. The garment is made up of a 4-ply metalized yarn (56.5% by weight) and a 2-ply acrylic staple yarn (43.5% by weight). The 4-ply metalized yarn is composed of a 2-ply acrylic staple yarn twisted with a 2-ply yarn consisting of a ply of polyester filament and a metalized (mylar-type) strip. The 4-ply metalized yarn is composed of an acrylic staple yarn (75.9% by weight), polyester filament yarn (14.8% by weight), and metalized (mylar-type) strip (9.3% by weight). The overall composition of the garment is 86.4% acrylic, 8.4polyester, 5.2% metalized (mylar-type) strip. 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. The garment is considered a metallic fabric for the purpose of tariff classification because all the yarns are twisted together, according to the laboratory report.
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 back panel neckline does not have clear and continuous lines of demarcation. The center neckline band has been cut to length and the upper neckband does not have a self-start bottom. The garment is not knit to shape.
HTSUS Number: 6110.90.9082
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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division