CLA-2-61:OT:RR:NC:N3:354
Abdulwahab Odunuga
AngeloBruni
4145 Landing Drive
A-3C
Aurora, IL 60504
RE: The tariff classification and country of origin marking of socks from Poland.
Dear Sir or Madam:
In your letter dated July 22, 2014, you requested a tariff classification and country of origin marking ruling.
You state you submitted information on thirty three items; however, we only will rule on items in which a sample was submitted. For the future, limit your request to 5 items per ruling. Your inquiry does not provide enough information for us to give a ruling on the sock labeled Zinc Seacell. Please submit a full percentage weight breakdown of the generic fiber composition and a sample of the actual marking.
Style “Runner Deodorant Silver” is a pair of ankle socks constructed of 77% polypropylene with silver, 20% polyamide, and 3% elastane knit fabric.
Style “Nordic Walking Deodorant” is a pair of ankle socks constructed of 75% polyester, 22% Polyamide and 3% elastane knit fabric.
Style “Trekking Silverwool Deodorant” is a pair of crew socks constructed of 40% wool, 40% acrylic, 17% polypropylene with silver and 3% spandex knit fabric.
Style “Motorbike Deodorant Silver” is a pair of crew socks constructed from 77% polypropylene with silver, 20% polyamide, and 3% elastane knit fabric.
Style “Snowboard Deodorant Silver” is a knee sock constructed from 75% cotton, 22% polypropylene with silver, 3% elastane knit fabric.
The sample submitted, labelled “Ski Snowboard Deodorant Thermowool”, is a pair of knee socks constructed from what the label states is 40% wool, 40% acrylic, 17% polyamide, and 3% elastane knit fabric.
The sample submitted, style “DeoMed Bamboo” is a pair of ankle socks constructed from what the label states is 72% bamboo, 25% polyamide, 3% elastane knit fabric. For purposes of this ruling, we are assuming that what you call bamboo is actually an artificial fiber that is derived from bamboo.
Style “Medic Deo Cotton” is a pair of socks constructed from 84% cotton, 13% polyamide, 3% elastane knit fabric.
The applicable subheading for the style “Runner Deodorant Silver”, “Nordic Walking Deodorant”, and “Motorbike Deodorant Silver” will be 6115.96.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: other: of synthetic fibers: other, other. The rate of duty will be 14.6% ad valorem.
The applicable subheading for style “Trekking Silverwool Deodorant” and “Ski Snowboard Deodorant Thermowool” will be 6115.96.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied soles, knitted or crocheted: other: of synthetic fibers: other, containing 23 percent or more by weight of wool or fine animal hair. The rate of duty will be 14.6% ad valorem.
The applicable subheading for article “Snowboard Deodorant Silver” and “Medic Deo Cotton” will be 6115.95.9000, HTSUS, which provides for panty hose, tights, stockings, socks and other hosiery, including graduated compression hosiery (for example, stockings for varicose veins) and footwear without applied soles, knitted or crocheted: other: of cotton: other. The rate of duty will be 13.5% ad valorem.
The applicable subheading for “DeoMed Bamboo” will be 6115.99.1920, Harmonized Tariff Schedule of the United States (HTSUS), which provides for panty hose, tights, stockings, socks and other hosiery, knitted or crocheted, other: of other textile materials: of artificial fibers: other: other. The duty rate will be 14.6% 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/.
You have requested that we rule on the country of origin marking of the socks. 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 the exception of the Zinc Seacell sock, all of the samples received are attached to cardboard identifying the style of sock with the size prominently displayed on the front of the cardboard packaging. The words “Made in Poland” are in very tiny letters on the back of the cardboard packaging. We do not consider this proposed marking to be conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The words “Made in Poland” should appear on the front of the packaging where the size of the socks may be found. Additionally, the font used must be large enough to be easily read by the ultimate consumer.
Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
The samples will be returned under separate cover.
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 K. Lenore Ort at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division