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NY M84536




July 26, 2006

CLA-2-61:RR:NC:N3:356 M84536

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2069

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, NY 11434

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

Dear Mr. Spoto:

In your letter dated June 23, 2006, you requested a tariff classification ruling on behalf of Oved Apparel Corp. Your sample garments and components are being retained for our files.

Style Number: 535515
Garment Description: Men’s 100% cotton, jersey knit pullover, jersey knit crew neck, long raglan sleeves with tubular knit cuffs, tubular knit bottom.

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

Construction: Garment is NOT knit to shape The submitted components do not match the garment. The front and back panel components have contour shaping at the front and back necklines. The neckline of the garment has been cut to shape. The submitted garment and the submitted components must match the imported garment. 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

Style Number: 535516
Garment Description: Men’s 100% cotton, jersey knit pullover, rib knit turtleneck, long sleeves with tubular knit cuffs, tubular knit bottom.

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

Construction: Garment is NOT knit to shape The back panel has neither contour knitting nor acceptable lines of demarcation at the rear neckline and is not knit to shape. The submitted component of the front panel does not match the garment The front panel has contour shaping at the front neckline and the neckline of the garment has been cut to shape. The submitted garment and the submitted components must match the imported garment.

HTSUS Number: 6110.20.2069
Textile Category Number: 338

Style Number: 535517
Garment Description: Men’s 100% cotton, jersey knit pullover, rib knit turtleneck, partial front opening with a zipper closure, long sleeves with tubular knit cuffs, tubular knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 12 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 12 stitches per 2 centimeters

Construction: Garment is NOT knit to shape The garment components do not match the submitted garment. The front and back component panels have contour shaping at the front and back necklines while the submitted garment has front and back necklines that have been cut to shape. The submitted garment and the submitted components must match the imported garment. The placket capping does not have a self-start bottom and is not knit to shape.

HTSUS Number: 6110.20.2069
Textile Category Number: 338

Style Number: 535518
Garment Description: Men’s 100% cotton, all over 2x2 rib knit pullover, rib knit crew neck, long sleeves with self-finished cuffs, self-finished bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 18 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 10 stitches per 2 centimeters

Construction: Garment is NOT knit to shape The garment components do not match the submitted garment. The front and back component panels have contour shaping at the front and back necklines while the submitted garment has front and back necklines that have been cut to shape. The submitted garment and the submitted components must match the imported garment.

HTSUS Number: 6110.20.2069
Textile Category Number: 338

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.

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.

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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