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NY N021019




December 21, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020; 6110.30.3059

Mr. John Mulvihill
UPS Supply Chain Solutions
One UPS Way
Champlain, NY 12919

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

Dear Mr. Mulvihill:

In your letter dated December 13, 2007, on behalf of Tribal Sportswear of Montreal, Quebec, Canada, you requested a classification ruling. Your samples are being returned as requested.

The submitted sample, style 54930-849, is a woman’s pullover that is constructed from 80% rayon, 17% nylon, 3% spandex knit fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The pullover features a modified V-neckline, a circular “cut out” on the center chest, ¾ length sleeves, and a ribbed bottom edge. The capping around the front “cut out” does not have a self-start bottom. The garment does not qualify as a knit to shape garment under Chapter 61 Statistical Note 6.

The submitted sample, style 55580-997, is a woman’s sweater that is constructed from 76% acrylic, 22% nylon, 2% cotton knit fabric. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed. The garment features long sleeves, a full front opening with a buckle closure at the waist, and a ribbed bottom edge. The lower section of the garment, in the waist area, has rolled fabric patterns.

The submitted sample, style 55590-865, is a woman’s pullover that is constructed from 86% acrylic, 9% nylon, 2% wool, 2% spandex, 1% polyester 7 x 5 rib knit fabric (front insert, sleeves, the back panel, the front lower section) and novelty knit patterned fabric (upper front panels). The outer surface of the ribbed fabric measures more than 9 stitches per 2 centimeters in the direction the stitches were formed. The garment features a modified V-neckline, long sleeves, and a tubular bottom. The capping at the back neckline does not have a self-start bottom. The garment does not qualify as a knit to shape garment under Chapter 61 Statistical Note 6.

The submitted sample, style 52210-842, is a woman’s sweater that extends below the waist. It is constructed from 55% nylon, 35% acrylic, 10% polyester rib knit fabric. The outer surface of the fabric measures 9 or fewer stitches per 2 centimeters in the direction that the stitches were formed. The sweater features a turn down collar with 2 non-functional buttons, long sleeves with 3 non-function buttons at the cuffs, a full front opening with 4 button closures, and 2 front patch pockets in the waist area.

The applicable subheading for styles 54930-849 and 55590-865 will be 6110.30.3059, which provides for pullovers, knitted: of man made fibers: otherother: women’s. The duty rate will be 32% ad valorem.

The applicable subheading for styles 55580-997 and 52210-842 will be 6110.30.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, knitted: of man made fibers. The duty rate will be 32% 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 fall in textile category 639. The sweaters fall within textile category 646. 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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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