CLA-2-61:RR:NC:WA:361 NY K87945
Ms. Leola McDonald
ATE Logistics, Inc.
855 South 192nd, Suite 900
SeaTac, Washington 98148
RE: The tariff classification of a woman’s sports bra, blouse, pullover and pants from China.
Dear Ms. McDonald:
In your letter dated July 16th, 2004, you requested a tariff classification for four garments, on behalf of the OTE Group.
The submitted samples are described as follows:
Style #81461 - a pair of women’s pants constructed from 55% soy, 40% cotton, and 5% spandex knit fabric. The pull-on pants feature an elasticized waistband with a drawstring, and hemmed leg openings.
Style #81616 – a woman’s pullover constructed from 55% soy, 40% cotton, and 5% spandex knit fabric. The sleeveless garment features a modified U-shaped neckline, and a hemmed bottom. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction.
Style #81617 – a woman’s sports bra constructed from 55% soy, 40% cotton, and 5% spandex knit fabric. The garment features a V-shaped neckline in front, a T-styled back, and an elasticized bottom. The front panel is fully lined.
Style #85662 – a woman’s blouse constructed from 55% soy, 40% cotton, and 5% spandex knit fabric. The garment features long sleeves, a stand-up collar, a partial front opening with a zipper closure, and a hemmed bottom. The fabric of the blouse has more than 10 stitches per centimeter counted in both the horizontal and vertical directions.
For each of the four submitted garments, you have suggested HTS classifications that are based on a determination that the garments are either “of cotton” or “of other fibers.” You have also indicated that each of the submitted garments are in chief weight of soy: that is, the weight of the soy exceeds the weight of all other fibers (see HTS section XI, note 2(a)). Because of the method of processing soy protein, it is considered an artificial man-made fiber. See Chapter 54, General Explanatory Note II (B)(2). Consequently, the submitted garments will be classified as artificial or man-made fibers, based on that conclusion.
We are returning your samples as you requested.
The applicable subheading for the pants, Style 81461 will be 6104.69.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear) knitted or crocheted, trousers, bib and brace overalls, breeches and shorts, of artificial fibers, trousers, breeches and shorts, other, trousers, breeches. The rate of duty will be 28.2% ad valorem.
The pants, Style 81461, falls within textile category designation 648. Based upon international textile trade agreements this category, from the China, is subject to quota restraints and visa requirements.
The applicable subheading for the pullover, Style 81616, will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of man-made fibers, other, other, women’s or girls. The rate of duty will be 32% ad valorem.
The pullover, Style 81616 falls within textile category designation 639. Based upon international textile trade agreements this category, from China is subject to quota restraints and visa requirements.
The applicable subheading for the sports bra, Style 81617, will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, and similar articles and parts thereof, whether or not knitted or crocheted, brassieres, other, other, of man-made fibers. The rate of duty will be 16.9% ad valorem.
The sports bra, Style 81617 falls within textile category designation 649. Based upon international textile trade agreements this category, from China is subject to quota restraints.
The applicable subheading for the blouse, Style 85662, will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses and shirts, knitted or crocheted, of man-made fibers, other, women’s. The rate of duty will be 32% ad valorem.
The blouse, Style 85662 falls within textile category designation 639. Based upon international textile trade agreements this category from China is subject to quota restraints and visa requirements.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
The submitted garments are marked with the term “soy” as one of the fibers. Please note that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated there under by the Federal Trade Commission. Questions concerning fiber content labeling requirements are covered under the Textile Fiber Products Identification Act. The term “soy” does not appear of the Federal Trade Commission’s list of generic terms. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking, using the term “soy” is acceptable.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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 Angela DeGaetano at (646) 733-3052.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division