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NY N007445




March 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2077; 6110.20.2079; 6114.20.0010

Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
Minneapolis International
14800 Charlson Road
Suite 400
Eden Prairie, MN 55347-5048

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

Dear Mr. Anderson:

In your letter dated February 21, 2007, you requested a classification ruling on behalf of Global Sourcing Solutions. Your samples are 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: 1757
Garment Description: Women’s 82% cotton 18% nylon knitted fabric 3/4 sleeve cardigan with a v-neckline, a full front opening secured with eight buttons and a rib knit finish at the sleeves and garment bottom. 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: All components are knit to shape and assembled by looping and linking. All meet requirements of statistical note 6 to Chapter 61. HTSUS Number: 6110.20.2077
Textile Category Number: 339

Style Number: 1667
Garment Description: Women’s 82% cotton 18% nylon knitted fabric sleeveless pullover with a rounded neckline. 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 lacks clear and continuous lines of demarcation on the back panel neckline. Therefore, all components are not knit to shape and do not meet requirements of statistical note 6 to Chapter 61. HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style# 1606 is a women’s long sleeve upper body garment constructed of a 60% cotton 40% acrylic knitted fabric with a very deep and wide v-shaped neckline that extends to the center of the lower chest. Based on the exposure at the front, the garment does not warrant classification within subheading 6110, HTSUS. The garment is considered a top of subheading 6114, HTSUS. The knit to shape provisions of Chapter 61, Statistical Note 6 do not apply to garments classified as tops.

The applicable subheading for style 1606 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted: of cotton: tops: women’s or girls’. The rate of duty will be 10.8%.

We need additional information in order to issue a ruling for style number 1666. Please submit the information described below:

Three pieces of the component which you refer to as the sleeve placket trim. Submit the pieces connected together with the waste yarn intact in the condition as taken from the knitting machine.

Style numbers 1757,1667 and 1606 fall 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.

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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