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NY N025626




April 30, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2069

Ms. Cheryl Vandergraff
DC Shoes, Inc.
1333 Keystone Way, Unit A
Vista, CA 92081

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

Dear Ms. Vandergraff:

In your letter dated March 28, 2008, you requested a tariff classification ruling. Your samples are being retained for our files

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 samples that you have submitted and the HTSUS provision that applies.

Style: Sham, Model # 55850016

Garment Description: Men’s 100% cotton, jersey knit pullover, rib knit crew neckline, long set-in sleeves with rib knit cuffs, a triangular insert at the center front neckline; rib knit side panels, a pouch pocket below the waist; an embroidered logo on the left chest; and a rib knit bottom.

HTSUS Chapter 61 Statistical Note 3 Stitch Count: 13 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 clear and continuous lines of demarcation to delineate the front neckline but the slit for the pocket opening does not have a line of demarcation. The front panel is not knit to shape. The pocket component has a tubular self-start bottom but the self-start bottom is on the waste yarn not at the grey edge which is on the garment. The pocket component is not knit to shape. The triangular fabric at the center front neckband is cut to shape and is inserted into the neckband seam. The triangular component is not knit to shape. The back panel has clear and continuous lines of demarcation to delineate 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 rib knit side panel inserts are knit to shape with a self-start bottom and self-finished sides. The neckband is knit to shape with a self-start bottom and self-finished sides. The rib knit pocket edging is knit to shape with a self-start bottom and self-finished sides.

HTSUS Number: 6110.20.2069
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

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