CLA-2-63:OT:RR:NC:N3:349
Mr. Stuart Harty
Belly Armor by RadiaShield
134 W. 20th Street, Suite 701
New York, NY 10001
RE: The tariff classification of infant’s blankets and women’s short sleeve pullover from Indonesia
Dear Mr. Harty:
In your letter dated July 13, 2010 you requested a tariff classification ruling.
The submitted samples are identified as a “Chic Blanket,” “Luxe Blanket” and “The Belly Tee (v-neck).” The “Chic Blanket” is an infant’s hooded blanket that measures 30 x 35 inches. It is made from 100 percent cotton knit fabric face with a RadiaShield® lining. A triangular piece of knit fabric is added to one corner of the blanket to act as a hood. The edges are finished with a knit binding or capping. The RadiaShield® lining is a metalized woven fabric stated to be composed of 82 percent silver and 18 percent polyester. You state that this conductive fabric protects the user from electromagnetic radiation. This fabric provides the essential character of this item.
The “Luxe Blanket” is a hooded infant’s blanket that measures 30 x 35 inches. The face of the blanket is made from 80 percent cotton and 20 percent polyester woven pile fabric. The reverse side has a satin fabric trim and the RadiaShield® fabric. The metalized fabric provides the essential character of this item.
The “belly armor” brand garment which is referred to as “The Belly Tee (v-neck)” on your submitted literature is a women’s short sleeve pullover garment for expectant mothers that is constructed of 95% cotton 5% spandex jersey fabric. The outer surface of the fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed. The front panel of the submitted size medium sample has a partial inner lining measuring approximately 20 inches x 14 inches that extends from the midriff area to the garment bottom. The outer edges of the lining are made of a self-fabric into which is sewn an oval shaped insert measuring approximately 17 inches x 12 inches. The oval shaped insert is made of the RadiaShield® woven fabric. The garment features a capped v-shaped front neckline, short hemmed sleeves, and a “belly armor” label sewn at the left side of the straight hemmed garment bottom. The pullover extends to below the waist. Classification under Heading 6109 as a T-shirt or a similar garment is precluded due to the pieced, layered construction of the front panel lining. The garment is properly classified as an other pullover garment under 6110.20.2079, HTSUS. The essential character of the “The Belly Tee (v-neck)” is imparted by the 95% cotton 5% spandex jersey fabric which forms the garment.
The applicable subheading for the blankets will be 6301.90.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for blankets and traveling rugs: other blankets and traveling rugs…other: other. The duty rate will be 7.2 percent ad valorem.
The applicable subheading for the “The Belly Tee (v-neck)” will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweater…and similar articles, knitted or crocheted: of cotton: other…other: other: women’s: other. The duty rate will be 16.5% 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/.
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 John Hansen at (646) 733-3043.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division