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NY M84534




July 25, 2006

CLA-2-61:RR:NC:N3:356 M84534

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2069

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
One Lincoln Blvd., Suite 225
Rouses Point, NY 12979

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

Dear Mr. Kavanaugh:

In your letter dated May 8, 2006, and in a subsequent resubmission dated June 22, 2006, you requested a tariff classification ruling on behalf of Modextil Inc. Your sample and components are being retained for our files.

Style Number: 2101423

Garment Description: Men’s 100% cotton, jersey knit pullover, jersey knit crew neckline, long raglan sleeves with jersey knit cuffs, jersey knit bottom band.

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.

Component Construction: Not Knit to Shape. The lines of demarcation on the front panel are not sufficient to delineate the front neckline. The back panel has neither contour knitting nor lines of demarcation to delineate the back neckline.

The front and back panel components have finishing stitches added to the bottom of the panels. The panels should be submitted as they come off the knitting machine with waste yarn attached and without finishing stitches added.

The bottom band has been pre-assembled to the front and back panels. The bottom band sections should be submitted as separate components in the condition as they come off the knitting machine without removal of waste yarn and without attachment to the front and back panels.

The construction of the bottom band on the garment (self-finished sides) and the construction of the component bottom band (tubular knit) are different. The component pieces and submitted garments must be exactly as will be imported. Changes or variations to the submitted sample will nullify the ruling.

The sleeves have had finishing stitches added to the top and the bottom of the sleeve panel. The sleeve panels should be submitted as they come off the knitting machine with waste yarns still attached.

The sleeve cuffs have been pre-assembled to the sleeve panels. Sleeve cuffs should be submitted as separate components in the condition as they come off the knitting machine without removal of waste yarn and without attachment to the sleeve panel.

The construction of the sleeve cuffs on the garment (self-finished sides) and the construction of the component sleeve cuffs (tubular knit) are different. The component pieces and submitted garments must be exactly as will be imported. Changes or variations to the submitted sample will nullify the ruling.

Waste yarn has been removed from the jersey knit neckband and finishing stitches have been added. The neckband should be submitted as it comes off the knitting machine with waste yarns still attached.

The jersey knit neckband does not have a self-start bottom and is not knit to shape.

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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