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NY N013693





July 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2067

Ms. Elizabeth Hodur
Warnaco Inc.
501 Seventh Avenue, 11th Floor
New York, NY 10018

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

Dear Ms. Hodur:

This letter replaces N009643 that was issued to you on May 15, 2007. In that letter, Styles MG37N38 and MG37N27 were not considered knit to shape. In a letter dated June 29, 2007, you stated that the components had been redesigned and you submitted new components reflecting the change in construction. The classifications of the redesigned garments are shown below. As requested, your samples are being returned.

Style Number: MG37N38

Garment Description: Men’s 100% cotton, 6 x 2 rib knit pullover; rib knit crew neckline; long, raglan sleeves with rib knit cuffs; jersey knit insert along each sleeve; and a rib knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 17 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 13 stitches per 2 centimeters

Component Construction: Knit to shape.
The front panel has a contoured front neckline and full fashion marks at the armholes. The front panel is knit to shape. The back panel has a contoured back neckline and full fashion marks at the armholes. The back panel is knit to shape. The rib knit sleeve components are knit to shape with a self-start bottom and full fashion marks at the armholes. The jersey knit sleeve inserts are knit to shape with a self-start bottom and self-finished sides. The neckband has a self-start bottom and self-finished sides.

HTSUS Number: 6110.20.2067
Textile Category Number: 338

Style Number: MG37N27

Garment Description: Men’s 100% cotton, 6 x 2 rib knit pullover; rib knit V-neckline; long, raglan sleeves with rib knit cuffs; jersey knit insert along each sleeve; and a rib knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 17 stitches per 2 centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: 13 stitches per 2 centimeters

Component Construction: Not knit to shape. The front panel has a contoured front neckline and full fashion marks at the armholes. The front panel is knit to shape. The back panel has a contoured back neckline and full fashion marks at the armholes. The back panel is knit to shape. The rib knit sleeve components are knit to shape with a self-start bottom and full fashion marks at the armholes. The jersey knit sleeve inserts are knit to shape with a self-start bottom and self-finished sides. The neckband has a self-start bottom and self-finished sides.

HTSUS Number: 6110.20.2067
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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