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NY M86300




October 4, 2006

CLA-2-61:RR:NC:N3:356 M86300

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2067

Mr. Kenneth Lam
Hong Kong Hightec Knitting Factory Limited Flat A, 1/F., Hang Cheong Fty. Blg.
1 Wing Ming Street
Cheung Sha Wan, Kowloon
Hong Kong

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

Dear Mr. Lam:

This letter replaces NY M84775 that was issued to you on July 28, 2006. In that letter, the submitted sample did not meet the stitch count requirements of Chapter 61, Statistical Note 6. On September 6, 2006, you submitted a new sample of Style F65SR000/ F65SR000B/ F65SR000T in a different fabric with new garment components. The classification of the revised garment is shown below. Your samples have been retained for our files.

Style Number: F65SR000/ F65SR000B/ F65SR000T

Garment Description: Men’s 100% cotton, cable knit pullover, rib knit crew neckline, long sleeves with rib knit cuffs, and a rib knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: - jersey area - 11stitches per 2 centimeters; cable area – 12 stitches per 2 centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count: - jersey area - 11 stitches per 2 centimeters; cable area – 10 stitches per 2 centimeters.

Component Construction: All components are knit to shape and assembled by linking and looping. The front panel has a contoured neckline and full fashion marks at the armholes. The back panel has clear and continuous lines of demarcation at the rear neckline and full fashion marks at the armholes. The sleeves are knit to shape with full fashion marks at the armholes. The collar is knit to shape with a self-start bottom and self-finished sides.

HTSUS Number: 6110.20.2067
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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