CLA-2-61:OT:RR:NC:N3:359
Mr. Stephen C. Liu
Pacific Century Customs Service
2936 Columbia Street
Torrance, CA 90503-3806
RE: The tariff classification of women’s knitted garments from China; applicability of HTSUS Chapter 61 Statistical Note 6
Dear Mr. Liu:
In your letter dated May 9, 2008 you requested a classification ruling on behalf of Stacia, Inc. As requested, your samples are being returned to you.
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 the description of the samples that you have submitted and the HTSUS provision that applies.
Style Number: 861
Garment Description: Women’s cardigan constructed of 100% bamboo knitted fabric. You advised that the bamboo is a regenerated artificial fiber. The garment features a scoop front neckline, a full front opening with eight button closures, long sleeves with bell cuff endings, and a straight self-start garment bottom.
HTSUS Chapter 61 Statistical Note 3 Stitch Count: More than 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 front panel lacks clear and continuous lines of demarcation. The back panel lacks clear and continuous lines of demarcation; marker holes do not delineate a neckline. The placket does not have a self-start bottom. The submitted neckband components do not match the size of the single piece garment neckband. The garment is not knit to shape.
HTSUS Number: 6110.30.3059
Textile Category Number : 639
Style Number: 855
Garment Description: Women’s cardigan with a full front opening and ¾ length sleeves. The garment has a pieced shawl-like collar that extends to form the placket down the edges of the front panels; the collar/placket consists of 5 components. The cardigan is constructed of a 70% bamboo 30% cotton knitted fabric. You have advised that the bamboo is a regenerated artificial fiber.
HTSUS Chapter 61 Statistical Note 3 Stitch Count: More than 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 submitted three upper collar/placket component pieces do not match the finished garment; on the finished garment these components have been cut to shape. The garment is not knit to shape.
HTSUS Number: 6110.30.3059
Textile Category Number : 639
Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to these items, particularly with regard to the labeling of artificial fibers derived from bamboo. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile,Wool,Fur”).
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 CBP officials. The issuance of this ruling does not preclude periodic verification by CBP 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,
National Commodity
Specialist Division