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NY N015431




September 4, 2007

CLA-2-61:RR:NC:TA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110 .20.2079

Mr. Gordon C. Anderson
C. H. Robinson Worldwide, Inc.
14800 Charleson Rd., Suite 400
Eden Prairie, MN 55347-5048

RE: The tariff classification of six women’s knit garments from Bangladesh and China.

Dear Mr. Anderson:

In your letter dated August 6, 2007, oh behalf of your client Ideas In Action, Inc., you requested a classification ruling for six women’s garments.

The submitted samples are described as follows:

Style #RH074VST is a woman’s pullover constructed from 94% cotton, and 6% spandex knit fabric that measures more than 18 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a round neckline with a notched insert in the front, short sleeves, and a hemmed bottom.

Style #RH074WOT is a woman’s pullover constructed from 95% cotton, and 5% spandex knit fabric that measures more than 18 stitches per 2 centimeters in the direction that the stitches were formed. The sleeveless garment features an all-over stripped design, a V-neckline with gathers at the front, and a hemmed bottom.

In your request, you referred to Style RH074VST as a T-shirt. However, the garment exhibits all of the required features and silhouette of a pullover, and is therefore, excluded from classification in subheading 6109. As the submitted garment meets the requirements of heading 6110, heading 6109 cannot be considered.

We are returning your request for a classification ruling for Styles RH074SVP (velour pants) and RH074SVJ (velour cardigan), and any related samples, exhibits, etc., because we need additional information in order to issue a ruling. Please submit the additional information indicated below:

The submitted garments are constructed from a knit pile fabric. Section XI, note 2 states, in part:

(A) Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials. (B) For the application of this rule:
(b) In the case of textile products consisting of a ground fabric and a pile or looped surface no account shall be taken of the ground fabric;

Therefore, in order to classify the submitted pants and cardigan, please provide the fiber content of the pile or looped surface of the fabric, without the ground fabric, by weight.

We are also returning your request for classification of Style #RH074PJS and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below:

Classification of garments of this type depends on their appearance and in part, on the manner in which they are designed, marketed and sold. Therefore, we require the following information:

How are the garments designed? As “knock off” items in the market, or as originals? If a “knock off” how were they sold at retail originally? What changes or modifications were made to the garments? (Specifically, were there any changes to the type or weight of the fabric used, the size specifications, etc.) If original designs, what is the concept of the designer?

What is the weight of the fabric? Is the fabric (both type and weight) typical of sleepwear sold by your company? Please explain.

How will the garments be marketed?
Are there any sketches or booklets used during the process of showing a potential buyer the line? If so, please provide copies. Are the garments designed specifically for the buyer? If so, please provide the information in number 1 and 2 above on behalf of the buyer. How will the garments be displayed to the consumer at retail? What in-store advertising or signs will be placed in proximity to the garment? What other types of garments are sold in the same department? Provide copies of any labels that will be sewn into or tacked onto the garments, especially any that indicate how the garments are intended to be used. Provide any advertising or advertising mock-ups that will be used for the garments. If nothing is available for the specific garments, please provide advertising for similar garments sold in prior seasons. Will the garments be sold in a catalogue? If yes, please provide a copy of the entire catalogue or catalogue mock, in which the garments will be sold. If nothing is available for the specific garments, please provide a catalogue showing similar garments sold in prior seasons. Will the garments be sold on an internet site? If so, please provide a copy of the page, showing the garments’ description, and the location within the website.

(5) Will the garments be sold as Mix and Match pajama separates? If so, what is the rationale behind offering Mix and Match pajama separates? Will there be other tops and bottoms in the same grouping that can be purchased as companion pieces to these? If so, please provide sketches and swatches or pictures of the other garments in the group.

Often in intimate apparel departments, garments known as “loungewear” are sold alongside traditional sleepwear. Does your company market loungewear? How do you define that term? Do you consider these garments to be loungewear?

When this information is available, you may wish to consider resubmission of your request for Styles RH074SVP (velour pants), RH074SVJ (velour cardigan), and Style RH074PJS. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

Please note, in order for ruling requests to be accepted, they must not contain more than 5 items.

We are returning your samples as you requested.

The applicable subheading for the pullovers, Styles #RH074VST and RH074WOT will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers, and similar articles, knitted or crocheted: Of cotton, Other, other, Women’s or girls’:Other. The duty rate will be 16.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The pullovers, Styles RH074VST and RH074WOT fall 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.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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