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NY M86943




October 6, 2006

CLA-2-61:RR:NC:N3:359 M86943

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065; 6110.30.3059

Ms. Jayne Uronis
Chadwick’s of Boston/Redcats USA
463 Seventh Avenue
New York, NY 10018

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

Dear Ms. Uronis:

In your letter dated September 28, 2006, you requested a classification ruling. We are retaining the provided samples for our files.

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

Style Number: CB27013 Cardigan
Garment Description: Women’s cardigan constructed of a 50% acrylic 50% nylon ribbed knit fabric with self-start bottom long sleeves, self-finished sides, a self-start bottom, and a full front opening with a ½ inch wide knitted fabric placket that extends to finish the neckline. 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: The placket is not knit to length. The garment is not knit to shape. HTSUS Number: 6110.30.3059
Textile Category Number: 639

The second sample, Style CB27013 Shell, is a women’s tank top constructed of a 50% acrylic 50% nylon ribbed knit fabric. The garment is sleeveless and extends below the waistline. Additional features include a scoop front neckline, a rounded back neckline, shoulder straps measuring 2 inches in width, side seams, a self-start bottom and capping at the neckline and arm openings. You have suggested that the garment be exempt from quota in accordance with Chapter 61, Statistical Note 6. That note only applies to garments classified in heading 6110. Because the Style CB27013 Shell is classified in heading 6109 the statistical note does not apply.

The applicable subheading for Style CB27013 Shell will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for T-shits, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers . . . Women’s or girls’: Tank tops and singlets: Women’s. The duty rate will be 32 percent ad valorem. The Style CB27013 Shell falls within textile category 639.

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/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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