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NY N006817




March 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Jean Gong
McNaughton Apparel
498 Seventh Avenue, 9th Floor
New York, NY 10018

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

Dear Ms. Gong:

In your letter dated February 8, 2007, you requested a classification ruling. Style MKL1M1 is being returned as requested.

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

Style Number: MKL1LZ (sample retained for our files) Garment Description: Women’s 60% cotton 40% polyester knitted fabric cardigan with a v-shaped front neckline, a full front opening 4 button crocheted placket, and crochet trimmed long sleeves. HTSUS Chapter 61 Statistical Note 3 Stitch Count: Over nine stitches per two centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters Component Construction: The garment has a crocheted placket component with buttonholes on the right side of the placket. All components are not knit to shape; the garment does not qualify as a knit to shape garment. HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style MKL1LZ falls within textile category 339. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

Style MKL1M1 requires the following additional information in order to determine the classification. For the armhole capping component, provide three component pieces connected with waste yarn intact in condition as taken from the knitting machine.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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