CLA-2-61:OT:RR:NC:3:359
Mr. John Mulvihill
UPS Supply Chain Solutions
One UPS Way
Champlain, NY 12919
RE: The tariff classification of three women’s knitted garments from China.
Dear Mr. Mulvihill:
In your letter dated July 3, 2008 you requested a classification ruling on behalf of your client Tribal Sportswear of Montreal. As requested, your samples are being returned to you.
Style number 5908o-310 is a woman’s “Tribal” brand blouse constructed from 95% cotton and 5% spandex rib knit fabric. The sleeveless blouse has a scooped front neckline with a partial front opening with a five button closure, capping finishing the neckline, a ruffled placket, beadwork on the front neckline and placket and a hemmed bottom. The back reaches the nape of the neck. It has more than ten stitches per centimeter in both the horizontal and vertical directions.
Style number 5903o-925 is a woman’s cut and sewn “Tribal” brand sleeveless pullover that is constructed from 95% cotton and 5% spandex knit fabric. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The garment features a scoop front neckline that is gathered at the bust area, a rounded rear neckline, capping finishing the armholes, and a hemmed garment bottom.
As the classification of style number 6086o-533 requires that a determination be made whether the garment is knit to shape according to Statistical Note 6 to Chapter 61, Harmonized Tariff Schedule of the United States (HTSUS), submit a finished production garment sample in a size medium and all of the component pieces of the garment in the condition as taken from the knitting machine with the waste yarns attached, and in condition ready for assembly without further treatment such as adding a stitch to prevent unraveling. 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. You state in your letter that component pieces were submitted, however, none were found.
If or when you decide to resubmit your request for style number 6086o-533, 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.
The applicable subheading for style 5903o-925 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s or girls’: other. The duty rate will be 16.5 percent ad valorem.
The applicable subheading for style 5908o-310 will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses and shirts, knitted or crocheted: of cotton: women’s. The duty rate will be 19.7 percent 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/.
Both styles 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 Francine Vivona-Brock at 646-733-3049.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division