United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2006 NY Rulings > NY M85209 - NY M85252 > NY M85220

Previous Ruling Next Ruling
NY M85220




August 22, 2006

CLA-2-61:RR:NC:N3:359 M85220

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2077; 6110.20.2079

Mr. Michael Skidmore
Customs Consultant
103 Greenleaf Street
Quincy, MA 02169

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

Dear Mr. Skidmore:

In your letter dated July 26, 2006, on behalf of your client Johnny Appleseeds, Inc., you requested a classification ruling. Three samples are being returned as requested. Two samples have been retained by our office.

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

Style Number: A06395
Garment Description: A pullover constructed from 100% cotton knit fabric. The garment features short sleeves, a rib knit mock neck, and a self-start bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 stitches. Component Construction: All components are knit to shape and assembled by linking and looping. Garment is knit to shape. HTSUS Number: 6110.20.2077
Textile Category Number: 339

Style Number: A06281
Garment Description: A pullover constructed from 100% cotton knit fabric. The garment features long sleeves, a turtleneck, and a self-start bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 stitches. Component Construction: Incomplete line of demarcation on front panel. Marker holes on back panel. Garment is not knit to shape. HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: A06475
Garment Description: A cardigan constructed from 100% cotton knit fabric. The garment features ¾” sleeves, a V-neckline, and a self-start bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 stitches. Component Construction: Capping at the back of the neckline is not knit to shape. The sample has been retained by the National Import Specialist. HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: A06477
Garment Description: A pullover constructed from 100% cotton knit fabric. The garment features short sleeves, a scoop neckline, and a self-start bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches. HTSUS Chapter 61 Statistical Note 6 Stitch Count: less than 18 stitches. Component Construction: Capping for neckline is not knit to shape. HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: A0396
Garment Description: A pullover constructed from 100% cotton knit fabric. The garment features long sleeves, a V-neckline, side vents, and a self-start bottom.

We are returning your request for this sample. We will not be issuing a ruling on this garment. We compared the individual component pieces with the garment after we had taken apart the finished garment. The side vent capping components are knit to shape, but not knit to shape on the garment. The conclusion could be made that the side vent capping component was not made in the same fashion as the capping piece that was used on the completed garment. This is not acceptable. We are returning your submission, but the sample is being retained by our office.

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,

Previous Ruling Next Ruling

See also: