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NY M83871




June 16, 2006

CLA-2-61:RR:NC:N3:359 M83871

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Ms. Linda M. Rasco
Metro Customs Brokers, Inc.
40 Miroviar Drive, Suite 12
Champlain, New York 12919

RE: The tariff classification of a woman’s knitted garment from Canada; applicability of HTSUS Chapter 61 Statistical Note 6

Dear Ms. Rasco:

In your letter dated May 31, 2006, on behalf of Modes Corwick Inc., you requested a classification ruling. Your samples are being returned as requested.

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

Style Number: K1831U
Garment Description: 81% rayon, 16% nylon, 3% spandex pullover, crocheted collar with fur, long sleeves with self-start cuffs, self-start bottom HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches HTSUS Chapter 61 Statistical Note 6 Stitch Count: 18 stitches Component Construction: The neck component is crocheted -not knit to shape. It is more than a collar and is crocheted at spread to hold and cover part of neckline. It is not trim but a component. HTSUS Number: 6110.30.3059
Textile Category Number: 639

We are returning your request for a classification ruling and any related samples, exhibits, etc., regarding styles K1795U-152 and K1643U-120 because we need additional information in order to issue a ruling.

You submitted the component pieces of the garment but we want them in the condition as taken from the knitting machine with the waste yarns and in condition ready for assembly without further treatment such as, adding a stitch to prevent unraveling.

When this information is available, you may wish to consider resubmission. If you decide to resubmit your request, please include all of the material that we have returned to you regarding the two styles and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, please contact National Import Specialist 359 at 646-733-3049.

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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