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NY N007270




March 16, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Karen Yost
C-Air International
6053 Century Boulevard, Suite 650
Los Angeles, California 90045

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

Dear Ms. Yost:

In your letter dated February 20, 2007, on behalf of BCBG Max Azria Group, 2671 Fruitland Ave., Los Angeles, CA 90058, 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: OFN41582
Garment Description: This style is a cardigan that is constructed from 56% cotton, 44% rayon knit fabric. The two front panels are made of a tighter jersey knit fabric than the sleeves and the back. The cardigan features ¾ inch long sleeves with ribbed cuffs, a full front opening with no means of closure, and front panels that drape below the waist. The front and back panels have ribbed bottoms. The essential character of style OFN41582 is given by the entire front; HTSUS, General Rules of Interpretation (GRI) Rule 3, noted. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 (entire front, sleeves, back panel) HTSUS Chapter 61 Statistical Note 6 Stitch Count: over 18 (entire front); equal to or less than 18 (sleeves, back panel) Component Construction: The garment does not meet the stitch count requirements of Statistical Note 6 to Chapter 61. The garment is not knit to shape. HTSUS Number: 6110.20.2079
Textile Category Number: 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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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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