NIS Handout Reviewing Chapter 61 "Note 6" Knit-to-Shape Garments Available
At a recent presentation before the trade, the U.S. Customs and Border Protection (CBP) National Import Specialist (NIS) for men's knit & woven apparel issued a handout entitled "Chapter 61 Statistical Note 6: Knit to Shape Garments, A Review," which provides guidance on the classification of knit-to-shape garments under HTS Chapter 61, Statistical Note 6.
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(Statistical Note 6 to HTS Chapter 61 was created to implement the quota exclusion available for certain China-origin knit-to-shape shirts and blouses of HTS 6110. See ITT's Online Archives or 02/17/06 news, 06021705, for BP summary of CBP's notice on Statistical Note 6 to Chapter 61.)
According to CBP sources, the agency is currently working to develop this handout into an Informed Compliance Publication (ICP) that will be posted to CBP's Web site.
Highlights of Handout on Chapter 61, Statistical Note 6
Among other things, the handout lists the following general requirements for inclusion in the provisions of Chapter 61, Statistical Note 6:
The garment must be classified in HTS heading 6110 "Other" (vests and tanks tops are not included and only specific HTS numbers in chief weight of cotton and man-made fibers are involved);
All components must be knit to shape on flat-bed knitting machines;
All components must be assembled by linking and looping; and
The special stitch counting rule in Note 6 applies. The stitch count under the special rule must be more than 9 stitches per 2 cm but must not exceed 18 stitches per 2 cm.
Comparison of Statistical Note 6 to 19 CFR 102.21. The handout also provides a comparison of Chapter 61, Statistical Note 6 to CBP's country of origin regulations in 19 CFR 102.21, with respect to knit to shape garments.
For example, Note 6 is used to determine classification within HTS 6110 only, whereas 19 CFR 102.21 is used to determine country of origin only. Note 6 also specifies that "components" include collar cuffs, waistband, placket, pockets, etc. while CBP's regulations in 19 CFR 102.21 indicates that "major parts" do not include collar cuffs, waistband, placket, pockets, etc.
(The handout adds that the "Knit to Shape" Informed Compliance Publication (ICP) currently available on CBP's web site is valid for country of origin determinations under 19 CFR 102.21 only and should not be used to determine whether a garment is "knit to shape" for purposes of Statistical Note 6.)
Depictions of acceptable/unacceptable knit to shape garments. The handout also provides pictures depicting what is and is not acceptable for knit to shape garments of Chapter 61, Statistical Note 6, along with explanatory text, concerning: components, waste yarn, necklines and armholes, shaping by full fashion knitting, shaping with lines of demarcation, collars and neckbands, capping, plackets, pockets, inserts, cutting, sewing, etc. The NIS handout also includes a list of acceptable features that do not have to be knit to shape and may be sewn or otherwise attached to the garment as well as features that are not acceptable for knit to shape garments.
Statistical Note 6 to HTS Chapter 61 reads as follows:
For the purposes of statistical reporting under heading 6110, the term "knit to shape" means garments knit to shape on flat-knitting machines, having a stitch count exceeding 9 stitches per 2 centimeters, but less than or equal to 18 stitches per 2 centimeters, measured on the outer surface of the fabric, in the direction in which the stitches are formed. For purposes of this statistical note, in the instances where both knit and purl stitches are usually counted, the purl stitches will be disregarded, and only the knit stitches on the outer surface of the fabric will be counted. All of the garment's components, which include, but are not limited to, collars, plackets, cuffs, waistbands and pockets, are knit to shape. All of the components are assembled by looping and linking, including the side seams.
(See ITT's Online Archives or 01/26/06 news, 06012610 for BP summary on binding rule/samples for Note 6 exclusion. See ITT's Online Archives or 05/19/06 news, 06051925 for BP summary of CBP's revised ICP (issued March 2006) on country of origin of knit to shape apparel products.)
NIS handout on Chapter 61, Statistical Note 6 (dated 05/02/06) is available by email by sending requests to documents@brokerpower.com
CBP FAQ on U.S.-China MOU (updated 02/24/06) available at http://www.cbp.gov/linkhandler/cgov/import/textiles_and_quotas/china_mou/china_mou_faq.ctt/china_mou_faq.doc