CLA-2-62:OT:RR:NC:N3:354
Ms. Eileen Family
OHL International
5101 South Broad Street
Philadelphia, PA 19112
RE: The tariff classification of garments from China
Dear Ms. Family:
In your letter dated April 10, 2015, you requested a tariff classification ruling on behalf of your client, Primark US Corp.
Style 0012215, is a woman’s nightdress constructed of 43% viscose, 35% polyester, and 22% polyamide knit fabric. The garment extends below mid-thigh and features elasticized adjustable spaghetti straps, a rib knit bodice, a V neckline finished with openwork trim, a straight back extending straight across from side seam to side seam and a bottom finished with openwork trim. Based on its appearance it is considered sleepwear of heading 6108.
The sample submitted, style 4655131, is a baby doll style garment. The garment is constructed from 84% polyamide, 16% elastane knit mesh fabric. The garment features compression, adjustable shoulder straps, padded bra cups with underwire, a bow in the front center, four hanging detachable garters, and a panel of lace-like knit fabric on the front center and part of the cups.
The applicable subheading for style 0012215 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Nightdresses and pajamas: Of man-made fibers: Women’s. The duty rate will be 16% ad valorem.
The applicable subheading for style 4655131 will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Other: Of man-made fibers or man-made fibers and rubber or plastics. The rate of duty will be 6.6 % ad valorem.
At this time, we are unable to issue a ruling for style 0019411. We need additional information in order to issue a ruling. Please provide the following information.
How is Style 0019411 designed?
Is this an originals or “knock offs” of an item already being sold?
If this is an original design, what is the concept of the designer?
If this is a “knock offs,” how was the item originally sold at retail?
What changes or modifications were made to the garment?
How will the garment be marketed?
Are there any sketches or booklets used during the process of showing a potential buyer the line? If so, please provide copies.
Is the garments designed specifically for the buyer? If so, please provide the information listed in 1 and 2 above on behalf of the buyer.
Provide the name of the buyer.
How will the garment be displayed to the consumer at retail?
What in-store advertising or signs will be placed near the garment?
What other types of garments are sold in the same department?
Provide copies of any labels that will be sewn into or tacked onto the garment, especially any which indicate how the garment is intended to be used.
Provide any advertising or advertising mock-ups that will be used for the garment. If nothing is available for this specific garment, please provide advertising for similar garments sold in prior seasons.
Will the garment be sold in a catalog? If so, please provide a copy of the entire catalog. If nothing is available for this specific garment, please provide a catalog showing similar garments sold in prior seasons.
Will the garment be sold on an internet site? If so, please provide a copy of the page, showing the garment’s description, and the location on the website.
If you decide to resubmit your request for style 0019411, please include all of the material that we have returned to you, and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
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).
Style 4655131 will be returned to you 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 style 4655131, contact National Import Specialist K. Lenore Ort at [email protected]. If you have any questions regarding styles 0012215 and 0019411, contact National Import Specialist Rosemarie Hayward via email @ [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division