CLA-2-61:OT:RR:NC:N3:359
Mr. John Mulvihill
UPS Supply Chain Solutions
One UPS Way
Champlain, NY 12919
RE: The tariff classification of a women’s knitted garment from China; applicability of HTSUS Chapter 61 Statistical Note 6
Dear Mr. Mulvihill:
In your letter dated August 4, 2008 you requested a classification ruling on behalf of your client Tribal Sportswear of Montreal. The provided samples will be returned as per your request. No component pieces were submitted on styles 5745o-178 and 5808o-197, however, a Chapter 61 Statistical Note 6 knit to shape review was based on the completed garments.
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 sample that you have submitted and the HTSUS provision that applies.
Style Number: 5745o-178
Garment Description: Women’s pullover constructed from 100% rayon jersey knitted fabric with crocheted inserts at the neckline, sleeve endings, and garment bottom. The garment features a scoop front neckline, long sleeves, and a knitted fabric belt at the waist.
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 garment has crocheted inserts at the upper front panel, the lower sleeve area, and at the lower garment. The garment is not knit to shape.
HTSUS Number: 6110.30.3059
Textile Category Number: 639
Style Number: 5808o-197
Garment Description: Women’s cardigan constructed from 57% cotton and 43% nylon knit fabric. The garment features a v-shaped front neckline, a full front opening with eight button closures, ¾ length sleeves with 2x2 rib knit cuffs and four faux buttons, a woven fabric belt component that is threaded through two chain stitched belt loops, and a 2x2 rib knit garment bottom. The cardigan and the woven belt are considered as a composite good. The essential character is given by the cardigan, Harmonized Tariff Schedule of the United States (HTSUS), General Rules of Interpretation (GRI) Rule 3, noted.
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 garment has a woven fabric belt component. The garment is not knit to shape.
HTSUS Number: 6110.20.2079
Textile Category Number: 339
As the classification of style numbers 5744o-197, 5746o-849, and 5748o-849 requires 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), submit a finished production garment of each 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.
If or when you decide to resubmit your request for style numbers 5744o-197, 5746o-849, and 5748o-849 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
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