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NY N010480





May 25, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue
Suite 208
Jamaica, NY 11434

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

Dear Mr. Spoto:

In your letter dated April 26, 2007, you requested a classification ruling on behalf of Keen’s Imports Inc. 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: 56008
Garment Description: Women’s 55% cotton 45% acrylic knitted fabric pullover which features a scooped neckline with 3 buttons, pieced ¾ sleeves and a ribbed knit 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: The upper and lower sleeve components and the cuff trim component have no self-start bottom. The garment is not knit to shape. HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: 56009
Garment Description: Women’s 55% cotton 45% acrylic knitted fabric turtleneck pullover which features short cap sleeves, a self fabric waist band component on the front panel and a self fabric belt attached at the waist at each side of the garment. 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: There is no contour shaping and no clear and continuous lines of demarcation on the back neckline and upper front panel neckline components and no self-start bottom on the upper front panel component. The self fabric waist band component does not have a self-start bottom. The neck band component does not have a self-start bottom and the self fabric belt is cut to length. The garment is not knit to shape. HTSUS Number: 6110.20.2079
Textile Category Number: 339

Style Number: 56012
Garment Description: Women’s 55% cotton 45% acrylic knitted fabric pullover with a pieced constructed front panel which features a ribbed knit turtleneck , a shirred effect on the upper front panel, short sleeves and ribbed knit 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: The upper front panel neckline lacks clear and continuous lines of demarcation and does not have a self-start bottom. The rear panel neckline has neither contour shaping nor clear and continuous lines of demarcation. The garment is not knit to shape. HTSUS Number: 6110.20.2079
Textile Category Number: 339

Styles 56008, 56009 and 56012 falls 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.

Styles 7A-7060 and 7A-7062 fall 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.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

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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