U.S. Customs restricted the rulings of knit to shape garments

According to the introduction by the lawyer--Li Xinyu who is specializing in the operation of Customs Law and comes from Shanghai representative office of Stein Shostak Shostak Pollack&O'Hara.LLP(SSSPO), the U.S. Customs no longer to make promissory rulings for the bound of Statistical Note 6 to Chapter 61, HTSUS.

There are some introductions of knit to shape garments below which recorded in the 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 on 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."

NIS Division of the U.S. Customs said that Customs has released many rulings for the application scope of Statistical Note 6 in the past. If release more rulings constantly, it will bring the counteractive for the effective implementation of the Customs Law.

According to U.S. customs regulations, foreign exporters, manufacturers, importers could apply for the ruling on the future import transactions.Specifically, they can apply for the United States Customs’ decisions in advance, such as taxable value of the products, the Customs classification, rate, preferential tariff treatment, various commissions and fees and many other issues. Some experienced enterprises not only put in merchandise samples and other information to the U.S. Customs, but also employ lawyers to finds persuasive arguments, jurisprudence and data to convince the U.S. Customs to make rulings which are good for themselves, so as to get the competition advantages in the market. Rulings have the restrictive power for customs and applicants since determined, excepting a change, repeal or invalidate issued by customs. The U.S. Customs officers must comply with the ruling, and don’t contrary to the decision no matter what the products imported from which port.

Actually, the U.S. Customs will accept the new application of ruling which about the material issues of Statistical Note 6. But applicants must make it clear that the application is the new issue which the existing ruling hasn’t involved.

The judgment standards of China's knitted ready apparel which according with quota-free standards also involves the "Statistical Note 6". About this issue, please click here to view the report of 《U.S. Customs Explains Which Knitted Garments Qualify as Quota-Exempt》 on July 5th, 2006.