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NY M83734




June 22, 2006

CLA-2-61:RR:NC:N3:356 M83734

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2069

Ms. Ruth Hayd
Kohl’s Department Stores
N56 W17000 Ridgewood Drive
Menomonee Falls, WI 53051

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

Dear Ms. Hayd:

In a letter dated May 19, 2006, you requested a tariff classification ruling. Your sample and component parts are being returned, as requested.

Style Number: AP6347

Garment Description: Men’s 95% cotton, 5% cashmere, jersey knit cardigan, rib knit turtleneck collar, full front zippered opening, long sleeves with rib knit cuffs, rib knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 13 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 13 stitches per 2 centimeters

Garment Construction: Not knit to shape
The submitted components have been partially assembled and the waste yarn has been removed. In the future, please submit the components completely unassembled in the same condition as they come off the knitting machine with the waste yarn still attached. The linking/looping stitch should not be added to the edges of the components. Partial assembly and removal of waste yarn causes difficulty determining proper classification. However, examination of the submitted components indicates that:

The back panel is constructed with marker holes at the rear neckline. These marker holes are not sufficient to delineate the neckline. Contour knitting or clear and continuous lines of demarcation are necessary to delineate the neckline.

The capping at the zippered placket does not have a self-start bottom which is necessary for a knit to shape component. The capping components submitted have had the waste yarn removed and a looping stitch added to secure the edge. In the future, the component should be submitted with the waste yarn still attached without the additional looping.

The placket tape is not knit to the length used for each side of the front opening. Cutting to length is not acceptable.

HTSUS Number: 6110.20.2069
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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