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NY N003764




December 28, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2069

Ms. Elizabeth Costa
Ms. Krystal Mehnert
The Donna Karan Company LLC
580 Gotham Parkway
Carlstadt, NJ 07072

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

Dear Ms. Costa and Ms. Mehnert:

In your letter dated November 22, 2006, you requested a tariff classification ruling on behalf of DKNY, a division of The Donna Karan Company LLC. As requested, your sample is being returned.

Style Number: K276127DB

Garment Description: Men’s 51% cotton, 49% nylon, jersey knit cardigan, rib knit stand-up collar, full front opening with a zippered closure, long sleeves with rib knit cuffs, elbow patches, side entry welt pockets below the waist, and a rib 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

Component Construction: Not knit to shape The front panel does not have a continuous line of demarcation at the neckline and does not have a self-start bottom. The back panel has neither contour shaping nor an acceptable line of demarcation at the neckline and does not have a self-start bottom. The sleeves do not have a self-start bottom. The pocket bags do not have a self-start bottom. The front waistband has been cut to length. The pocket welt has been cut to length.
The placket tape has been cut to length.

HTSUS Number: 6110.20.2069
Textile Category Number: 338

At the time of entry, Customs may verify the actual fiber content of Style K276127DB. If the fiber content differs from that indicated in your letter, the tariff classification may change from the information indicated above.

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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division


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