United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2006 NY Rulings > NY M81317 - NY M81367 > NY M81367

Previous Ruling Next Ruling
NY M81367





April 12, 2006

CLA-2-61:RR:NC:TA:N3:356 M81367

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3053

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, NY 11434

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

Dear Mr. Spoto:

In your letter dated January 30, 2006, and in subsequent correspondence dated March 14, 2006, you requested a tariff classification ruling on behalf of Oved Apparel, Inc. A sample of the finished garments and unassembled component parts were submitted. As requested, your samples will be returned.

Style 6115 is a men’s pullover garment constructed from 100% acrylic, 6x2 rib knit fabric that measures 15 stitches per two centimeters counted in the horizontal direction. The garment features a rib knit crew neckline, short sleeves with rib knit cuffs, and a rib knit bottom.

Style 6116 is a men’s pullover garment constructed from 100% acrylic, jersey knit fabric that measures 13 stitches per two centimeters counted in the horizontal direction. The garment features a rib knit crew neckline, short sleeves with rib knit cuffs, and a rib knit bottom.

Style 6117 is a men’s polo-style pullover constructed from 100% acrylic, jersey knit fabric that measures 12 stitches per two centimeters counted in the horizontal direction. The garment features a flat knit spread collar, a partial front opening with three button closures, short sleeves with rib knit cuffs, and a rib knit bottom.

For Style 6115, the front panel has a self-start bottom, self-finished sides, and full fashion marks at the armholes. The back panel has a self-start bottom, self-finished sides, and full fashion marks at the armholes. The sleeves are knit to shape with a self-start bottom, self-finished sides, and full fashion marks at the armholes. The rib knit neckband is knit to shape with a self-start bottom and self-finished sides. All components are assembled by linking and looping. For purposes of Statistical Note 6 to Chapter 61, the stitch count is 12 stitches per two centimeters counted on the outer surface of the fabric in the direction in which the stitches are formed.

For Style 6116, the front panel has a self-start bottom, self-finished sides, and full fashion marks at the armholes. The back panel has a self-start bottom, self-finished sides, and full fashion marks at the armholes. The sleeves are knit to shape with a self-start bottom, self-finished sides, and full fashion marks at the armholes. The rib knit neckband is knit to shape with a self-start bottom and self-finished sides. All components are assembled by linking and looping. For purposes of Statistical Note 6 to Chapter 61, the stitch count is 13 stitches per two centimeters counted on the outer surface of the fabric in the direction in which the stitches are formed.

For Style 6117, the front panel has a self-start bottom, self-finished sides, full fashion marks at the armholes and a line of demarcation for the center placket that is clear and continuous. The back panel has a self-start bottom, self-finished sides, and full fashion marks at the armholes. The sleeves are knit to shape with a self-start bottom, self-finished sides, and full fashion marks at the armholes. The flat knit collar is knit to shape with a self-start bottom and self-finished sides. The placket pieces are knit to shape with a self-start bottom and self-finished sides. All components are assembled by linking and looping. For purposes of Statistical Note 6 to Chapter 61, the stitch count is 12 stitches per two centimeters counted on the outer surface of the fabric in the direction in which the stitches are formed.

Styles 6115, 6116, and 6117 have three marker holes at the front and the back necklines that indicate the center and ends of the neckline. These marker holes are not considered sufficient to delineate the neckline for purposes of Statistical Note 6. Because both the front and the back necklines have neither contoured shaping nor clear and continuous lines of demarcation that delineate the full length of the neckline, the front and back panels on these styles are not considered knit to shape. Since all of the components of Styles 6115, 6116, and 6117 are not knit to shape, the garments do not meet the requirements of Chapter 61, Statistical Note 6.

Consequently, the applicable subheading for Styles 6115, 6116, and 6117 will be 6110.30.3053, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: men's or boys': other. The duty rate is 32% 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/.

Styles 6115, 6116, and 6117 fall within textile category designation 638. 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 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, Director,
National Commodity Specialist Division


Previous Ruling Next Ruling

See also: