N029779

June 24, 2008

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

CATEGORY: Classification

TARIFF NO.: 6110.20.2079

Tony Yeh

Andari Fashion Inc.

801 W. Hyde Park Blvd.

Inglewood, CA 90302

RE: The tariff classification of a woman's knitted garment from China;
applicability of HTSUS Chapter 61 Statistical Note 6

Dear Mr. Yeh:

In your letter dated May 28, 2008, you requested a classification
ruling. The provided sample is 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]{.underline}, 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]{.underline}: BP07P47

[Garment Description]{.underline}: Turned fabric constructed women's
three-quarter dolman sleeve pullover made of 100% cotton knitted fabric
featuring capping at the straight garment bottom. A coordinating striped
component comprises the neckband and continues down the length of the
sleeves and also trims the sleeve endings.

[HTSUS Chapter 61 Statistical Note 3 Stitch Count]{.underline}: Over
nine stitches per two centimeters

[HTSUS Chapter 61 Statistical Note 6 Stitch Count]{.underline}: Equal to
or less than eighteen stitches per two centimeters

[Component Construction]{.underline}: The neckband/sleeve component,
sleeve trim, and the capping at the garment bottom do not have
self-start bottoms. The garment is not knit to shape.

[HTSUS Number]{.underline}: 6110.20.2079

[Textile Category Number]{.underline}: 339

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,

National Commodity

Specialist Division