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NY M85370




August 04, 2006

CLA-2-61:RR:NC:N3:359 M85370

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Jean Gong
McNaughton Apparel Group, Inc.
498 Seventh Ave., 9th floor
New York, NY 10018

RE: The tariff classification of a woman’s knit garment from China; applicability of HTSUS Chapter 61 Statistical Note 6

Dear Ms. Gong:

In your letter dated July 31, 2006, you requested a classification ruling.

Following is the description of the sample that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision that applies.

Style Number: JF6262
Garment Description: raglan sleeved pullover with front scoop neckline, long sleeves and multi-parted components pieces of fabric composing the neckline. Fiber content is stated to be 53% cotton, 33% rayon, 9% polyester and 5% metallic. Two yarns are used to create the fabric; a cotton/rayon yarn and a polyester/metallic yarn. (Please note that a yarn that contains any amount of metal is regarded in its entirety as "metalized yarn" for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal.) HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: equal to or less than 18 Component Construction: openwork pieces that comprise part of the series of bands of fabric creating the neckline are not made on a flat bed knitting machine; the upper and final banding of material comprising the neckline is not knit to shape. The component piece submitted far exceeds in length the piece used on the garment and must be cut. Further, it appears the piece used on the garment was cut at both ends, and thus not knit to shape in that respect. HTSUS Number: 6110.20.2079
Textile Category Number: 339

The sample is being retained for official purposes.

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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