CLA-2-61:OT:RR:NC:N3:348
Ms. Mona Asberry
Fracht USA
150 Boush Street
Suite 203
Norfolk, VA 23510
RE: The tariff classification of arm sleeves from Pakistan.
Dear Ms. Asberry:
In your letter dated October 30, 2014, you requested a tariff classification ruling. The sample will be returned to you, as requested.
The submitted sample, identified as FANSLEEVES, is a pair of arm sleeves. The sleeves are composed of 85% polyester, 15% spandex knit fabric. The tapered sleeves measure 15” in length and are designed to be worn on the arms of sports fans during sporting events.
In your letter, you suggested classification of the FANSLEEVES under 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. We disagree with your proposed classification. GRI 1 provides that classification is determined according to the terms of the headings and any relevant section or chapter notes. Explanatory Notes (EN) to the HTSUS provides guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. The EN for heading 6117 provides for made up knitted or crocheted clothing accessories and state that the heading includes sleeves protectors.
The applicable subheading for the FANSLEEVES will be 6117.80.9540, HTSUS, which provides for Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Other accessories: Other: Other, Of man-made fibers: 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/.
In response to your request on whether the proposed marking of the container with the country of origin in lieu of marking the article itself is acceptable. You state the fan sleeves will enter the U.S. packaged for sale in a hard plastic case. Each case will contain a thin piece of cardboard that will wrap around the sleeve, clearly marked with the country of origin, “Made in Pakistan” to be easily seen by the consumer. A marked sample of the plastic case was with your letter for review.
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.
Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.1(d), defines the ultimate purchaser as generally the last person in the U.S. who will receive the article in the form in which it was imported. If an imported article is to be sold at retail in its imported form, the purchaser at retail is the ultimate purchaser. In this case, the ultimate purchaser of the fan sleeves is the consumer who purchases the product at retail.
An article is excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and section 134.32(d), Customs Regulations (19 CFR 134.32(d)), if the marking of a container of such article will reasonably indicate the origin of such article. Accordingly, if Customs is satisfied that the article will remain in its container until it reaches the ultimate purchaser and if the ultimate purchaser can tell the country of origin of the fan sleeves by viewing the container in which it is packaged, the individual fan sleeve would be excepted from marking under 19 U.S.C. 1304 (a)(3)(D) and 19 CFR 134.32(d). Accordingly, marking the container in which the fan sleeves are imported and sold to the ultimate purchaser in lieu of marking the article itself is an acceptable country of origin marking for the imported fan sleeves provided the port director is satisfied that the article will remain in the marked container until it reaches the ultimate purchaser.
In reference to the fiber content, information on these labeling requirements may be obtained at the Federal Trade Commission website at www.ftc.gov. For information on the acceptability of the marking on this product, you should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Ave, N.W., Washington, D.C. 20508 to ascertain whether the proposed marking satisfies their requirements.
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 via email at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division