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NY M83775




June 1, 2006

CLA-2-61:RR:NC:N3:359 M83775

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3057

Mr. Robert T. Stack
Tompkins & Davidson, LLP
Counselors at Law
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a woman’s knit garment from China; applicability of HTSUS Chapter 61 Statistical Note 6; replacement of NY ruling M82602

Dear Mr. Stack:

This letter is being issued to replace NY ruling M82602, dated April 27, 2006. In that letter the back panel was misdescribed, leading to a different classification than intended. The letter, with all pertinent changes, follows.

In your letter dated April 17, 2006 you requested a classification ruling on behalf of Item Eyes, Inc.

Following is the description of the sample that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision that applies.

Style Number: 44090/44090g/50160me
Garment Description: The garment is a pullover constructed from 70% rayon, 30% nylon knit fabric. The garment features a V-shaped neckline. The top of the neckline is joined with a decorative metal loop. The garment also features long sleeves and a self-start bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: more than 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: All components meet requirements of statistical note 6 to Chapter 61; the back panel has lines of demarcation delineated by a change from a rib stitch to plain jersey HTSUS Number: 6110.30.3057
Textile Category Number: 639

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 Camille Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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