CLA-2-61:RR:NC:3:353
Kristin Huff
Yamato Transport U.S.A., Inc.
18202 80th Ave
S Kent, WA 98032
RE: The tariff classification of motorcycle jacket from Vietnam.
Dear Ms. Huff:
In your letter dated July 24, 2007, received in this office on August 8, 2007, on behalf of Van Ellis Ltd, you requested a classification ruling. The sample will be returned to you.
The submitted sample is a Style 6926 Furygan™ Motorcycle Jacket that you state is composed of two woven 100% polyester fabrics that are coated with non-visible PU. You state that the front panel, back panel and sleeves are constructed of a woven mesh-like fabric, and the shoulders and side panels are constructed of a tighter woven fabric. Examination reveals that the front panel, back panel and sleeves are constructed of a warp knit fabric; the shoulders and side panels are constructed as you describe. The PU coating is not visible to the naked eye. The knit fabric imparts the essential character of the jacket.
The Style 6926 Furygan™ Motorcycle Jacket has protective removable polyamide-polyester inserts at the shoulders, elbows, forearms and back. The jacket features a knit mesh lining, full front zipper closure, a stand-up collar with hook and loop adjustable tightening and a left over right snap closure, two side slash zipper pockets, two inner slash zipper pockets, adjustable snap wrist tabs, and adjustable hook and loop tightening at the bottom. The jacket is protective and designed specifically for street motorcycle riding and would not be worn for other occasions.
The applicable subheading for the Style 6926 Furygan™ Motorcycle Jacket will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Men’s or boys’.” The duty rate will be 14.9% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
The Style 6926 Furygan™ Motorcycle Jacket falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.
This office notes that the label with the country of origin marking is sewn into a side seam of the garment. In addition the label reads “Designed in France, Made in Vietnam.”
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
Customs has determined that, in general, to be conspicuous, the country of origin marking of wearing apparel such as jackets must be accomplished by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed midway between the shoulder seams or that in that immediate area. Also, in general, the country of origin should appear first in the order of presentation. Therefore, “Designed in France, Made in Vietnam” is not acceptable country of origin marking. If you wish to include on the label a reference to the processing performed in France, it would be acceptable to mark the jacket in a manner such as "Made in Vietnam, Designed in France.”
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 Kenneth Reidlinger at 646-733-3053.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division