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NY M84524




July 14, 2006

CLA-2-61:RR:NC:N3:359 M84524

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Linda Rasco
Metro Customs Brokers, Inc.
40 Miromar Dr., Suite 112
Champlain, NY 12919

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

Dear Ms. Rasco:

In your letter dated June 22, 2006, you requested a classification ruling on behalf of Fair Vane Corp.

Following are descriptions of the samples that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provisions that apply.

Style Number: KF6062C-W
Garment Description: 100% knit cotton sleeveless pullover HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: front and back panels have inadequate marker holes for neckline lines of demarcation, armhole capping fabric is not knit to shape HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: KF6212CW
Garment Description: 100% cotton knit v-necked sleeveless pullover HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: back panel has no line of demarcation for the neckline; front panel has inadequate (not continuous) line of demarcation for the v neckline HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: KF6052C-W
Garment Description: 100% cotton knit long sleeved pullover with a partial buttoned front opening HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: placket panel is not knit to shape; back panel lacks lines of demarcation for the neckline HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: GF6213W
Garment Description: 82% cotton, 18% spandex knit long sleeved shawl neck pullover with a buttoned placket on the collar HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: front panel had inadequate line of demarcation for the neckline’ back panel lacked any demarcation for the neckline; the placket pieces were missing from the component parts so no comment can be offered on their condition HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: GR2162BW
Garment Description: 82% cotton, 18% spandex knit fabric; cowl necked, raglan-sleeved pullover HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: front panel had inadequate marker holes (2) as lines of demarcation; back panel lacked any line of demarcation for the neckline HTSUS Number: 6110.20.2079
Textile Category Number: 339

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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