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NY N021088




January 10, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2067

Mr. John D. Clark
Paul Davril, Inc. / Michar LLC
5401 South Soto Street
Los Angeles, CA 90058

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

Dear Mr. Clark:

In your letter dated December 17, 2007, you requested a tariff classification ruling. As requested, your samples are being returned.

Your request involves the applicability of the “knit to shape” provisions of Heading 6110 of the Harmonized Tariff Schedule of the United States (HTSUS). Customs and Border Protection (CBP) has published an Informed Compliance Publication entitled Classification of Knit to Shape Garments under HTSUS Heading 6110, available at www.cbp.gov (click on “Publications” and “Informed Compliance Publications”). This publication provides detailed explanations and many illustrated examples of the term “knit to shape” as defined in HTSUS Chapter 61 Statistical Note 6. If you study this publication and then review your garments with their components in the condition in which they come off the knitting machine, you may find that it is not necessary to obtain rulings for every single garment, but only for those which are unique and not covered by the publication.

Following is a description of the sample that you have submitted and the HTSUS provision that applies.

Style Number: N107622

Garment Description: Men’s 60% cotton, 40% acrylic, jersey knit pullover; rib knit V-neckline; long sleeves with rib knit cuffs; embroidery on the left sleeve and the upper rear panel; decorative stitching on the side seams and back panel; and a rib knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: - 12 stitches per 2 centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count; - 12 stitches per 2 centimeters.

Component Construction: All components are knit to shape and assembled by linking and looping.

The front panel has clear and continuous lines of demarcation at the front neckline and full fashion marks at the armholes. The front panel is knit to shape. The back panel has clear and continuous lines of demarcation at the back neckline and full fashion marks at the armholes. The back panel is knit to shape. The sleeves are knit to shape with a self-start bottom and full fashion marks at the armholes. The collar is knit to shape with a self-start bottom and self-finished sides.

HTSUS Number: 6110.20.2067
Textile Category Number: 338

Style Number: N107624

Garment Description: Men’s 60% cotton, 40% acrylic, jersey knit pullover; rib knit crew neckline; long sleeves with rib knit cuffs; embroidery on the lower left front panel; decorative stitching on the side seams; and a rib knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: - 10 stitches per 2 centimeters. HTSUS Chapter 61 Statistical Note 6 Stitch Count; - 10 stitches per 2 centimeters.

Component Construction: All components are knit to shape and assembled by linking and looping.

The front panel has clear and continuous lines of demarcation at the front neckline and full fashion marks at the armholes. The front panel is knit to shape. The back panel has clear and continuous lines of demarcation at the back neckline and full fashion marks at the armholes. The back panel is knit to shape. The sleeves are knit to shape with a self-start bottom and full fashion marks at the armholes. The collar is knit to shape with 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/.

Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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,

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