CLA-2-61:OT:RR:NC:TA:348
Mr. Rennie Alston
American River Brokerage Services Ltd.
614 Progress Street
Elizabeth, NJ 07201
RE: The tariff classification of garments from Turkey
Dear Mr. Alston:
In your letter dated March 15, 2010, on behalf of your client Medi USA, you requested a tariff classification ruling.
Two samples were submitted, a men’s one piece pull-on garment and a women’s pair of shorts. The garments are designed for wear when competing in a triathlon, which is a combined swimming, bicycling and running event.
The first sample, “Compression Skinsuit” is a men’s one piece triathlon garment constructed from 70% polyamide, 30% spandex finely knit fabric. The garment features a round neckline; a zippered front opening reaching from the neck to the area of the waist; oversized armholes; open mesh knit inserts at the rear neckline, at each side under the armhole, and at the rear waistline; lightweight padding in the crotch area; a pocket on the rear panel below the waist; flatlock seams; heat seal logos on the left shoulder and on the right rear hip; and short, hemmed legs with an eleven inch inseam.
The second sample, “Compression Tights” is a pair of women’s shorts constructed from 70% polyamide, 30% spandex finely knit fabric. The garment features a covered elastic waistband with an inside drawstring; an open mesh knit insert at the rear waistline; lightweight padding in the crotch area; a pocket on the rear panel below the waist; flatlock seams; heat seal logos on the front of the left leg and on the right rear hip; and short, hemmed legs with a nine inch inseam.
Advertising literature submitted with the garments states that the leg area of both garments is constructed from knit fabric using “integrated elastic compression yarn” that is designed to provide compression to the thighs to enhance arterial circulation and oxygen supply for increased stamina during the sport and quicker recovery after the sport.
Although you state that you believe both garments are classified in HTSUS 6212.90.0030, the garments are not considered support and are precluded from classification within heading 6212, HTSUS as the support is limited to a particular area of coverage and is not throughout the entire garment (see HQ 967042).
The applicable subheading for “Compression Skinsuit” will be 6114.30.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted, of man-made fibers, bodysuits and bodyshirts, of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread. The rate of duty will be 32% ad valorem.
The applicable subheading for the “Compression Tights” will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted, of man-made fibers, other, other, women’s or girls’. The duty rate will be 14.9 percent ad valorem.
You also inquired as to the acceptability of the country of origin marking on the garments. The one-piece “Compression Skinsuit” has a folded woven fabric label sewn into the center rear neckline showing the brand logo on the front of the label and the country of origin on the back of the label. The wording on the back of the label is in black plain block letters on a white background and states “Styled in Germany” followed on the line underneath by the words “Made in Turkey”. The “Compression Tights” have this same folded label sewn into the center rear waistband of the garment.
Additional woven fabric labels are also sewn into the side seam of the “Compression Skinsuit” and the center rear waistband behind the brand label on the “Compression Tights.” The front of these labels state “Styled in Germany” and show the gender, the garment size for four countries including the USA, and the fiber content. The washing instructions and the German location of the firm are shown on the back of the label.
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 United States 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. Section 134.1(d), Customs Regulations (19 CFR 134.1(d)) defines the “ultimate purchaser” generally as the last person in the United States who will receive the article in the form in which it is imported. As the imported garments are intended for retail sale, the retail customer is considered the ultimate purchaser for the purpose of country of origin marking.
Because a reference to a locality other than the country of origin appears on the imported garments, the requirements of Section 134.46, Customs Regulations (19 CFR 134.46) are also triggered. 19 CFR 134.46 deals with cases in which the words “United States,” or “American,” the letters “U.S.A., “ any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “ Product of,” or other words of similar meaning.
In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side or surface in which the name or locality other than the actual country of origin appears. The purpose of this requirement is to prevent the possibility of misleading or deceiving the ultimate purchaser of an article as to the actual origin of the imported good.
In the present situation, the country of origin marking, “Made in Turkey,” is located on the back of the brand label and is not visible unless the label is turned over. The marking is not easily or readily visible and accessible to the ultimate purchaser upon a casual examination of the garment. As such, it is not considered conspicuous and does not constitute an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
Textile fiber products imported into the United States must also be labeled in accordance with the Textile Fiber Products Identification Act (15 USC 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. We suggest you contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 for advice concerning the requirements of this Act. Information may also be obtained at the Federal Trade Commission website, www.ftc.gov.
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/.
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 Rosemarie Hayward at (646) 733-3064.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division