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NY N013009




July 2, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Ms. Irene Lee
S.C.A. (H.K.) Limited
Unit 316, 3/F Lai Sun Yuen Long Centre
No. 27 Wang Yip Street East
Yuen Long, N.T. Hong Kong

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

Dear Ms. Lee:

In your letter dated June 13, 2007 you requested a classification ruling. The submitted sample is being returned as per your request.

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: RM68750
Garment Description: Women’s long cardigan constructed of 100% acrylic knit fabric. The garment features a detachable collar that is secured to the garment by means of eight buttons, a full front opening with nine button closures, and long sleeves. You asserted classification as a coat. However, the garment is more akin to a sweater-like cardigan of 6110, HTSUS, in fabric, construction, styling and use. HTSUS Chapter 61 Statistical Note 3 Stitch Count: over nine stitches per two centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count: More than or equal to 18 stitches per two centimeters. Component Construction: The line of demarcation down the center of the front panel does not extend through the tubular bottom. The back panel neckline does not have clear and continuous lines of demarcation. (Note: Marker holes are not sufficient to delineate the neckline.). The capping at the neckline and placket does not have a self-start bottom and also requires cutting the capping to length. The garment is not knit to shape. HTSUS Number: 6110.30.3059
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With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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,

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