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NY N009335




April 30, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Mr. Bill Kierans
RD International Style Collections Ltd.
5275 Ferrier, Suite 200
Montreal, P.Q., Canada H4P 1L7

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

Dear Mr. Kierans:

This letter is in response to your request received April 2, 2007, for a more detailed analysis regarding the knit to shape status of Style 38S085 covered in Ruling Letter M87319, dated November 22, 2006.

Following is the description of a second sample of Style 38S085 that you have submitted and the Harmonized Tariff Schedule of the United States (HTSUS) provision that applies.

Style Number: 38S085
Garment Description: Women’s short sleeve pullover constructed of a 75% rayon 25% nylon jersey knit fabric with a ribbed knit turtleneck and a ribbed knit bottom finish. The garment features ribbed knit trim at the sleeves. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over 9 HTSUS Chapter 61 Statistical Note 6 Stitch Count: equal to or less than 18 Component Construction: Our review has found that most components are knit to shape. However, the sleeve components lack self-start bottoms. The garment does not meet the requirements of Statistical note 6, Chapter 61, HTSUS. The garment is not knit to shape. NOTE: additional requests for review of this style will not be addressed. HTSUS Number: 6110.30.3059 (Classification remains the same as ruled in M87319) Textile Category Number: 639

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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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