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NY M80550




March 8, 2006

CLA-2-61:RR:NC:TA:N3:356 M80550

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2069

Ms. Melissa Fox
Barthco Trade Consultants
5101 South Broad Street
Philadelphia, PA 19112-1404

RE: The tariff classification of a men’s knit garment from China.

Dear Ms. Fox:

This letter replaces NY L89414, dated January 18, 2006, that was issued to you on behalf of THT Inc. Due to recent changes to Statistical Note 6 of Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), we have reviewed the classification of Style 1400520 and examined the unassembled component parts that were submitted.

Style 1400520 is a men’s cardigan constructed from 75% cotton, 22% nylon, 3% spandex, 1x1 rib knit fabric that measures 29 stitches per 2 centimeters counted in the horizontal direction. The garment features a rib knit turtleneck, a full front opening with a zip through closure, long sleeves with self-finished cuffs, and a self-finished bottom. The front panel has a self-start bottom, self-finished sides, full fashion marks at the armholes, and partial lines of demarcation at the neckline and at the center panel. The back panel has a self-start bottom, self-finished sides, and full fashion marks at the armholes. The sleeve panels have self-start bottoms, self-finished sides, and full fashion marks at the armholes. The collar is knit to shape with a self-start bottom and self-finished sides. The inside placket tape has self-finished sides but is cut to length. All components are linked and looped together. For purposes of Statistical Note 6 to Chapter 61, the stitch count is 15 stitches per 2 centimeters counted on the outer surface of the fabric in the direction in which the stitches were formed.

Because the lines of demarcation at the front neckline are not continuous and the center line of demarcation does not extend the full length of the panel, the front panel is not considered knit to shape. In addition, the rear neckline is not shaped either by contour knitting or by acceptable lines of demarcation, and the placket tape has been cut to length. Consequently, the garment does not meet the requirements of Chapter 61, Statistical Note 6.

The applicable subheading for Style 1400520 will be 6110.20.2069, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys': other. The duty rate is 16.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 1400520 falls within textile category designation 338. 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). A copy of this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski

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