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NY N026745





May 7, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059

Selina Breedlove
Haggar Clothing Company
11511 Luna Road
Dallas, TX 75234

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

Dear Ms. Breedlove:

In your letter dated April 22, 2008, you requested a classification ruling. The provided samples are being returned as per your request.

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 Harmonized Tariff Schedule of the United States (HTSUS) provision that applies.

Style Number: 7185 3881 013
Garment Description: Women’s 78% rayon 22% nylon sleeveless ribbed knit fabric pullover that features a rounded neckline with a crocheted front neckband and a self-start garment bottom. HTSUS Chapter 61 Statistical Note 3 Stitch Count: Over nine stitches per two centimeters HTSUS Chapter 61 Statistical Note 6 Stitch Count: Equal to or less than eighteen stitches per two centimeters Component Construction: The crocheted front neckband component extends the dimension of the front panel. The garment is not knit to shape. HTSUS Number: 6110.30.3059
Textile Category Number: 639

The classification on all the other styles require that a determination be made whether the garments are knit to shape according to Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS). We require samples of the garments both in their completed condition and in their unassembled condition. Please submit all of the component pieces of the garments in the condition as it comes off the knitting machine with no waste yarns removed nor any other treatment of the component pieces, such as, adding a stitch to prevent unraveling. The pieces must be ready for assembly without further cutting or manufacture. Please indicate if the pieces are all linked and looped together, or whether some or all are sewn together. Please identify the type of knitting machine used to manufacture the component pieces. Note: deconstructed garments are not suitable for our purposes.

Additionally, the fabric of style 7185 3881 043 appears to contain metallic yarns. Yarns containing a metallized fiber are considered to be an “other” fiber. Therefore, in order to determine the classification of the garment please provide the following:

The number of different yarns used in the fabric of the garment The fiber content of each yarn
The number of plies in each yarn
The relative weight by percentage of each of the yarns that comprise the fabric The overall fiber content of the garment

Please note that ruling requests are limited to a maximum of 5 items per submission. 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 and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

If the ruling request does not conform to the above requirements, the receiving office will send a letter to the requestor detailing the additional information needed.

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. 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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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