CBP Issues New Informed Compliance Publication on "Note 6" Knit to Shape Garments of HTS 6110

This publication was prepared by the National Commodity Specialist Division and provides guidance on certain knit to shape articles described in Statistical Note 6 of HTS Chapter 61. (See ITT's Online Archives or 06/14/06 news, 06061410, for BP summary of the handout issued by a National Import Specialist (NIS) in May 2006, the majority of which is included in this new ICP.)

Applicable Statistical Note 6 tariff provisions. This ICP covers the following 10-digit reporting numbers (statistical suffixes) within HTS 6110 that provide for the knit to shape articles described in Statistical Note 6 to HTS Chapter 61:

The ICP notes that garments classified in these 10-digit provisions are covered by textile categories 338/339/638/639.

Certain Chinese-origin knit to shape garments that qualify for Note 6 are excluded from quota. The new ICP states that the Memorandum of Understanding (MOU) between the U.S. and China that was implemented on January 1, 2006, for goods exported on or after January 1, 2006 through December 31, 2008, allows for the exclusion from quota of knit to shape articles made in China classified (as meeting Statistical Note 6) in the 10-digit reporting numbers set forth above. Consequently, while these Chinese-origin articles are covered by textile categories 338/339/638/639, they are not subject to quota.

The ICP notes that articles that are not classified in these provisions because they fail to meet the terms of HTS 6110, its subheadings, or Statistical Note 6 are not necessarily excluded from quota as "knit to shape" articles. For example, HTS 6110 does not provide for lower body garments; as a result, pants cannot be excluded from quota as knit to shape articles.

(CBP cautions that the information in this ICP is for general information purposes only. Because many complicated factors may be involved in customs issues, an importer may wish to obtain a ruling under CBP Regulations (19 CFR Part 177) or obtain advice from an expert (such as a licensed Customs Broker, attorney or consultant) who specializes in customs matters.)

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 05/19/06 news, 06051925, for BP summary of the revised ICP on the country of origin for knit-to-shape apparel products, which added a reference to Statistical Note 6 to Chapter 61.)

ICP on knit to shape garments (issued June 2006) available at http://www.customs.gov/linkhandler/cgov/toolbox/legal/informed_compliance_pubs/icp083.ctt/icp083.pdf

BP Note

As compared to the NIS May 2006 handout, the ICP provides additional depictions (which were not included in the NIS handout) of certain garment features that are not considered knit to shape. In addition, the ICP includes a list of 18 frequently asked questions (FAQs) that clarify certain issues concerning Statistical Note 6 to Chapter 61 (which were not included in the NIS handout).