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NY M81410




April 12, 2006

CLA-2-61:RR:NC:TA:359 M81410

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Mr. Thomas G. Travis
Sandler, Travis & Rosenberg
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of three women’s knit garments from various countries

Dear Mr. Travis:

In your letter dated March 22, 2006, on behalf of Kellwood Company, you requested a classification ruling. Your samples and components are being returned as requested.

The submitted sample, style number T64189 (ST06-135), is a woman’s pullover that is constructed from 65% rayon, 35% nylon 1x1 rib knit fabric. The outer surface of the fabric measures more than 9 stitches but less than 18 stitches per 2 centimeters in the direction that the stitches were formed. The stitch count does not reflect the purl stitches of the fabric. The pullover features a square neckline with a lace insert, cap sleeves, and a self-start bottom. The capping, a component, is not knit to shape and does not meet the requirements of Statistical Note 6, Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS).

The submitted sample, style T63188 (ST06-125) is a woman’s pullover that is constructed from 67% rayon, 33% nylon, 1x1 rib knit fabric. The outer surface of the fabric measures more than 9 stitches but less than 18 stitches per 2 centimeters in the direction that the stitches were formed. The stitch count does not reflect the purl stitches of the fabric. The pullover features a round neckline with crochet trim, cap sleeves, a fitted ribbed waist, and a self-start bottom. The crochet trim, a component, is not knit to shape. The pullover does not meet the requirements of Statistical Note 6, Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS).

The submitted sample, style S63409 (SS06-171) is a woman’s pullover that is constructed from 65% rayon, 35% nylon, 1x1 rib knit fabric. The outer surface of the fabric measures more than 9 stitches but less than 18 stitches per 2 centimeters in the direction the stitches were formed. The stitch count does not reflect the purl stitches of the fabric. The garment features a round neckline, cap sleeves, and a self-start bottom. The capping, a component, is not knit to shape. The garment does not meet the requirements of Statistical Note 6, Chapter 61, HTSUS.

You suggest that style S63409 (SS06-171) be classified in subheading 6110.30.3057. However, the capping is not knit to shape.

The applicable subheading for all three styles will be 6110.30.3059, HTSUS, which provides for pullovers, knitted: of man-made fibers: otherother: women’s. The duty rate will be 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/.

All three styles fall within textile category designation 639. 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 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 R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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