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NY M81575





April 28, 2006

CLA-2-61:RR:NC:N3:356 M81575

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2067; 6110.20.2069

Ms. Melissa Fox
Barthco International Inc.
5101 S. Broad Street
Philadelphia, PA 19112-1404

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

Dear Ms. Fox:

In your letter dated March 28, 2006, on behalf of THT, Inc., you requested a tariff classification ruling for Styles 377514 and 409506. Your samples are being retained.

Style Number: 377514
Garment Description: Men’s 100% cotton, jersey knit polo style pullover, V-shaped placket, no closures, short sleeves with tubular knit cuffs, tubular knit bottom

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 15 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 15 stitches per 2 centimeters

Component Construction: Knit to Shape
Front and back panels - full fashion marks at the armholes, clear and continuous lines of demarcation at front and rear necklines Sleeves - full fashion marks at the armholes Collar and placket – self start bottom, self-finished sides All components are knit to shape and assembled by linking and looping

HTSUS Number: 6110.20.2067, Harmonized Tariff Schedule of the United States (HTSUS) Textile Category Number: 338

Style Number: 409506
Garment Description: Men’s 100% cotton, jersey knit pullover, crew neckline, long sleeves with tubular knit cuffs, tubular knit bottom

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 20 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 20 stitches per 2 centimeters

Component Construction: Not applicable. The stitch count exceeds the limits of Statistical Note 6, Chapter 61.

HTSUS Number 6110.20.2069, Harmonized Tariff Schedule of the United States (HTSUS) Textile Category Number: 338

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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division


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