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NY M84526




July 14, 2006

CLA-2-61:RR:NC:N3:359 M84526

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.32.0000; 6110.20.2079; 6114.30.1020

Ms. Linda Rasco
Metro Customs Brokers, Inc.
40 Miromar Dr., Suite 12
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: JN412L-W
Garment Description: long sleeved cardigan made of 90% cotton 10% spandex knit fabric HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: only 2 marker holes on the back panel to serve as inadequate lines of demarcation, placket and neckline capping fabric not knit to shape HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: KF6053CW
Garment Description: 100% knit cotton fabric, three-panel construction bolero style short-sleeved front buttoned jacket of heading 6104 HTSUS Chapter 61 Statistical Note 3 Stitch Count: not applicable HTSUS Chapter 61 Statistical Note 6 Stitch Count: not applicable Component Construction: not applicable – garment is not a garment of heading 6110, not entitled to any consideration under this note HTSUS Number: 6104.32.0000
Textile Category Number: 335

Style Number: GF6238U-W
Garment Description: v-neck pullover with cap sleeves, made of 82% cotton and 18% spandex knit fabric HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 Component Construction: only 2 marker holes on the back panel to serve as inadequate lines of demarcation HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: KF6001ACW
Garment Description: 63% rayon, 37% nylon turtle neck long sleeve crop top HTSUS Chapter 61 Statistical Note 3 Stitch Count: not applicable HTSUS Chapter 61 Statistical Note 6 Stitch Count: not applicable Component Construction: not applicable – garment is not a garment of heading 6110, not entitled to any consideration under this note HTSUS Number: 6114.30.1020
Textile Category Number: 639

Style Number: GR2149BW

HTSUS Number: Classification not given for this item as the component pieces came from a deconstructed garment and we are unable to ascertain if the garment would qualify for treatment under the provision of statistical note 6 to Chapter 61.

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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