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NY N004831




January 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Susan White
White + Warren
A Fine Gauge, Inc.
80 West 40th Street, 3rd FL
New York, NY 10018

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

Dear Ms. White:

In your letter dated December 20, 2006, on behalf of A fine Gauge, Inc., you requested a classification ruling. Your sample is being returned as requested.

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

Style Number: 5025
Garment Description: A 50% cotton, 50% modal knit cut and sewn pullover with a pointed collar, a V-placket opening and short sleeves. Sewn on woven fabric finishes the collar, the sleeves, the placket and the bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 stitches HTSUS Chapter 61 Statistical Note 6 Stitch Count: over 18 stitches Component Construction: Garment is cut and sewn and it does not meet stitch count requirements. HTSUS Number: 6110.20.2079
Textile Category Number: 339

Due to the fact that the pullover is to be constructed of a 50/50 blend of fibers, it is classified using HTSUS Section XI Note 2(A) and Subheading Note 2(A). The pullover will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. The pullover may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time.

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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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