CLA-2-61:OT:RR:NC:N3:356
Mr. Farrukh Butt
Pfanner Protective Clothing
Marktstraße 40
6845 Hohenems
Austria
RE: The tariff classification of men’s wearing apparel from Portugal and Slovakia.
Dear Mr. Butt:
In your letter dated July 18, 2012, you requested a tariff classification ruling. The submitted samples will be returned.
Style 101736 “Merino Shirt Short Sleeves” is a men’s cut and sewn pullover garment constructed from 100% merino wool, jersey knit fabric that measures 30 stitches per 2 centimeters counted in the horizontal direction. The garment features a rib knit crew neckline; short, hemmed, raglan sleeves; pieced underarm gussets; overlock stitching on the seams; and a straight, hemmed bottom.
Style 102096 “Outdoor Trouser Globe”, is a men’s trouser constructed from 80% polyamide, 10% polyester, 10% elastane woven fabric. The pants have a flat waistband with seven belt loops; elasticized inserts at each side of the waistband; a zippered fly front opening with two metal closures on the waistband; two vertical side entry pockets with zipper closures; a pleated pocket on the left leg with a flap and a hook and loop closure; a patch pocket on the right leg with a hook and loop closure; a right, rear pocket with a zipper closure; reinforced overlays on the knees and at the inner ankles; detachable zip-off inner cuffs on each leg; and hemmed leg openings with ankle zippers and hook and loop closures.
Style 501030 “Stretch Zone Work Trouser”, is a men’s trouser constructed from two different fabrics. The rear seat and rear upper thigh areas are constructed from 90% polyamide, 10% elastane stretch woven fabric. The remainder of the garment is constructed from 65% polyester, 35% cotton woven fabric. Style 501030 features a flat waistband with seven belt loops; a zippered, fly front opening with a metal button closure on the waistband; two inset, side entry pockets below the waist; a gusseted pocket on the left leg with a flap and a hook and loop closure; a patch pocket on the right leg with a flap and a hook and loop closure; two rear patch pockets; a hook and loop closure on the right rear pocket; a hammer loop on the left rear leg; a three-tiered utility pocket on the rear right leg; reflective piping on the rear legs; reinforced overlays on the knees; a bottom opening on each knee patch to allow the insertion of a knee pad; and hemmed leg openings.
Style 807700, Arborist Chainsaw Protective Trouser, is a men’s trouser. The front side of the trouser is composed of 100% polyamide woven fabric. The backside is composed of 90% polyamide and 10 % woven fabric. It features: a lining, a left-over-right closing waist-band with belt loops, a zipper fly, 2 front pockets, hemmed legs and 2 cargo pockets with flaps on the thighs that are secured with hook and loop closures. The trousers have a thick padding sewn into the garment that covers the front and sides of the leg.
Style 102074, Arborist Chainsaw Protective Trouser, is a men’s trouser. The outer layer of the trouser is composed of 90% polyamide and 10 % woven fabric. It features: a lining, a left-over-right closing waist-band with belt loops, a zipper fly, 2 front pockets, hemmed legs and 2 cargo pockets with flaps on the thighs that are secured with hook and loop closures. The trousers have a thick padding sewn into the garment that covers the front and sides of the leg.
Styles 807700 and 102074 are specifically designed to protect a person against leg injury and serve as personal protection equipment. The garments are designed to perform to very specific industrial demands and are accurately matched to the wearer’s potential hazardous threat. The garments are protective apparel worn solely on the job and have no practical application as street or casual wear.
The applicable subheading for Style 101736 will be 6110.11.0070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of wool or fine animal hair: Other: Men’s or boys’. The rate of duty will be 16% ad valorem.
The applicable subheading for Styles 102096 and 501030 will be 6203.43.4010, HTSUS, which provides for Men’s or boys’… trousers, . . . and shorts (other than swimwear): Of synthetic fibers: Other: Other: Other: Other: Trousers: Men’s. The rate of duty will be 27.9% ad valorem.
The applicable subheading for Styles 807700 and 102074 will be 6211.33.0061, HTSUS, which provides for: Other garments, men’s or boys’: Of man-made fibers: Other. The rate of duty will be 16% 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 the World Wide Web at http://www.usitc.gov/tata/hts/.
We note that the submitted items are not marked with acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
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. Since the garments are intended for retail sale, the retail customer is considered the ultimate purchaser for the purpose of country of origin marking.
In T.D. 54640(6), Customs determined that country of origin marking appearing on the inside center of the neck of shirts, blouses, coats, sweaters, etc., mid-way between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304.
In T.D. 71-264(3), it was determined that trousers, slacks, jeans and similar wearing apparel must be marked by means of a permanent label affixed in a conspicuous location on the garment, such as the inside of the waistband.
Section 134.46, Customs Regulations (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.
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.
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 Mary Ryan at (646) 733-3271.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division