Commercial Information Circulars

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e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/2/17
        EIC 111/2/20

26 June 2006

Dear Sirs,

Commercial Information Circular No. 238/2006

US : Classification of Knit to Shape Garments under US Harmonized Tariff Schedule (HTSUS) Heading 6110

The US Customs and Border Protection (CBP) has recently issued a new informed compliance publication (ICP) on matters related to the classification of knit to shape garments under HTSUS Heading 6110. A copy of the ICP is at Annex (pdf format).

Details

2. Knit-to-shape garments under HTSUS Heading 6110 :

1. are made under one of the following 10-digit reporting numbers (or statistical suffixes) - 

2. must meet the requirements as stated under Statistical Note 6 to Chapter 61, HTSUS - 

"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."

3. are of textile Categories 338/339/638/639; and 
    
4. are exempt from US' import quota restraint if they are of Chinese-origin¹ . 

3. The ICP aims at providing guidelines and useful information to illustrate how knit-to-shape garments can meet the requirements as stated under Statistical Note 6 and hence be classified in HTSUS Heading 6110. For this purpose, CBP has included in the ICP pictures of garment components, CBP's consideration and judgement in some common cases, frequently questions asked by the trade and CBP's answers etc.. 
    
4. CBP has also stated clearly in the ICP that the requirements under Statistical Note 6 are for classifying knit-to-shape garments under HTSUS Heading 6110 only. Traders should not mix them up with the country of origin requirements as provided under 19 C.F.R. 102.21 [i.e. Part 102.21 (Rules of Origin for Textile and Apparel Products) under Title 19 (Customs Duties) of Code of Federal Regulations]. As stated in the ICP, the major differences between these two sets of requirements include, for example - 
    

For more information on country of origin requirements under 19 C.F.R. 102.21, CBP recommends traders to make reference to another ICP, namely "What Every Member of the Trade Community Should Know About: Country of Origin of Knit to Shape Apparel Products (March 2006)" which can be found in CBP's website at: http://www.customs.gov/linkhandler/cgov/toolbox/legal/informed_compliance_pubs/icp033c.ctt/icp033c.pdf .

ENQUIRIES

5. For enquiries about the content of this circular, please contact Miss S Y TANG at telephone number 2398 5405.

Yours faithfully,

(Ms Charmaine LO)

for Director-General of Trade and Industry

1. As provided under the Memorandum of Understanding concerning Trade in Textile and Apparel Products (MOU) signed by the US and the Mainland, Chinese-origin knit-to-shape garments which are classified in one of the 10-digit reporting numbers at 2(a) above and which meet the requirements of Statistical Note 6 to Chapter 61, HTSUS, are exempt from import quota though they are of Categories 338/339/638/639. 

Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.