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NY N007831





March 28, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Michael Lambert
Limited Customs Services, Inc.
Two Limited Parkway
Columbus, Ohio 43230

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

Dear Mr. Lambert:

In your letter dated February 28, 2007, you requested a classification ruling on behalf of Mast Industries, Inc. We are retaining the sample for our files.

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: 96F4157
Garment Description: Woman’s long sleeve cardigan made of a 80% rayon 17% nylon 3% spandex knitted fabric with a ribbed knit finish at the garment bottom and sleeves. The cardigan has a 9 button full front opening. The outer layer of the left-side placket consists of a sewn-on lace fabric, 8 of the buttons are sewn through this functional lace placket. Narrow lace edging is found at the garment bottom and the 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 outer layer left-side placket is made of lace. The garment is not knit to shape, nor assembled by linking and looping. (Note: Without the waste yarn attached, we are unable to comment on the knit to shape status of the right side placket tape component) HTSUS Number: 6110.30.3059
Textile Category Number: 639

Style 96F4157 falls within textile category 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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