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NY N007842





April 2, 2007

CLA-2-61:RR:NC:N3:356

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2069

Ms. Leigh Beckford
Vandegrift Forwarding Co, Inc.
230-19 International Airport Center, Suite 250 Jamaica, NY 11413

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

Dear Ms. Beckford:

In your letter dated February 27, 2007, you requested a tariff classification ruling on behalf of H & M Hennes & Mauritz LP. As requested, your sample is being returned.

Style Number: 233083 / 5878

Garment Description: Men’s 100% cotton, jersey knit cardigan, V-neckline, full front opening with five button closures, inset pockets below the waist, long sleeves with rib knit cuffs, rib knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 16 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 16 stitches per 2 centimeters

Component Construction: Not knit to shape

The status of the front panel cannot be determined. The front panel has been cut to shape along the neckline and center opening after knitting and prior to submission. The panels must be submitted exactly as they come off the knitting machine with the waste yarn attached and without any cutting or other fabrication. Back panel – Not knit to shape. The partial lines of demarcation at the rear neckline are not continuous and do not delineate the full neckline. Sleeves – Knit to shape with a self-start bottom and full fashion marks at the armholes. Pockets – Pocket bags do not have a self-start bottom. Pocket welt – Tubular welt is knit to shape with a self-start bottom and self-finished sides. Placket – Jersey knit placket and V-neckline components do not have a self-start bottom. Rear jersey knit neckband component does not have a self-start bottom.

HTSUS Number: 6110.20.2069
Textile Category Number: 338

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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division


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