United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2007 NY Rulings > NY N012251 - NY N012309 > NY N012270

Previous Ruling Next Ruling
NY N012270




June 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3057

Ms. Jean Gong
McNaughton Apparel Group Inc.
498 Seventh Avenue, 9th Floor
New York, NY 10018

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

Dear Ms. Gong:

In your letter dated June 4, 2007 you requested a classification ruling.

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

Style Number: MKY1ME
Garment Description: Women’s pullover constructed of 85.4% rayon, 9.4% polyester, and 5.2% metallic knitted fabric. The garment features a v-shaped neckline, long sleeves with ribbed cuffs, and a ribbed garment bottom. You have provided a laboratory analysis for the fabric, which indicates that the fabric is made from three separate yarns. Two of the yarns are 100% rayon and the third is a two-ply yarn that is 64.1% polyester and 35.9% metallic. Because the garment is constructed from yarns that include metallic fibers, it is necessary to analyze the yarns used. The weight of all fibers present in a yarn that contains metallic are considered an “other fiber”, for purposes of classification at the six and eight digit levels. Based on the information you provided, the metallic and polyester yarn does not exceed the weight of the other man-made fiber yarns, thus the garment is considered to be made in chief weight of man-made fibers. HTSUS Chapter 61 Statistical Note 3 Stitch Count: More than 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 the requirements of statistical note 6 to Chapter 61 HTSUS. HTSUS Number: 6110.30.3057
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. 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,

Previous Ruling Next Ruling

See also: