CLA-2-61:OT:RR:NC:N3:356
Ms. Merle L. Haarbauer
Jockey International, Inc.
2300 60th Street
P.O. Box 1417
Kenosha, Wisconsin 53141-1417
RE: The tariff classification and status under the Haiti Hemispheric Opportunity through Partnership Encouragement Act of 2008 (HOPE II) of men’s pullovers from Haiti.
Dear Ms. Haarbauer:
In your letter dated February 24, 2017, you requested a tariff classification ruling. As requested, your sample will be returned.
Style 8152 is a men’s pullover garment that is cut and sewn from two different knit fabrics. The front panel, the neckline, and the sleeves are constructed from 95% polyester, 5% spandex, finely knit jersey fabric that measures 28 stitches per two centimeters counted in the horizontal direction. The back panel, the shoulders, and the sides are constructed from 95% polyester, 5% spandex, mesh knit fabric that measures 29 stitches per two centimeters counted in the horizontal direction.
The garment has a crew neckline; short, hemmed sleeves; flatlock stitching at the seams; and a straight, hemmed bottom.
The applicable subheading for Style 8152 will be 6110.30.3053, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: men’s or boys’: other. The rate of duty will be 32 percent 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 https://hts.usitc.gov/current.
Your request also concerns the eligibility of Style 8152 for HOPE II preferential duty treatment under subheading 9820.61.35, HTSUS.
Subheading 9820.61.35, HTSUS states:
Apparel articles of chapter 61 described in U.S. note 6(j) to this subchapter and imported directly from Haiti or the Dominican Republic during any 1-year period specified in U.S. Note 6(j)(iii) to this subchapter, subject to the limitations provided in such U.S. note 6(j)(iii).
Chapter 98, Subchapter XX, HTSUS, U.S.Note 6(j) states: (i) The preferential treatment provided in heading 9820.61.35 shall be extended to any apparel article classifiable under Chapter 61 of the tariff schedule that is wholly assembled, or knit to shape, in Haiti from any combination of fabrics, fabric components, components knit-to- shape or yarns and is imported directly from Haiti or Dominican Republic, subject to subdivisions (j)(ii), (j)(iii) and (j)(iv) of this note, without regard to source of the fabric, fabric components, components knit-to-shape or yarns from which the article is made. (ii) The preferential treatment described in subdivision (j)(i) of this note shall not apply to the following: (A) the following apparel articles of cotton, for men or boys, that are classifiable under subheading 6109.10.00 of the tariff schedule: (1) all white T-shirts, with short hemmed sleeves and hemmed bottom with crew or round neckline or with V-neck and with a mitered seam at the center of the V, and without pockets, trim or embroidery; (2) all white singlets, without pockets, trim or embroider; (3) other T-shirts, but not including thermal undershirts; (B) T-shirts for men or boys that are classifiable under subheading 6109.90.10;
(C) the following apparel articles of cotton, for men or boys, that are classifiable under subheading 6110.20.20 of the tariff schedule:
(1) sweatshirts; or (2) pullovers, other than sweaters, vests or garments imported as part of playsuits; or
(D) sweatshirts for men or boys, of man-made fibers and containing less than 65 percent by weight of man-made fibers, that are classifiable under subheading 6110.30.30 of the tariff schedule. (iii) Except as provided in subdivision (h)(iv) of this note, the preferential treatment described in subdivision (j)(i) of this note shall be extended, in the 1-year period beginning October 1, 2008, and in each of the eleven succeeding 1-year periods, to not more than 70,000,000 square meter equivalents of apparel articles described in such subdivision.
(iv) Any apparel that qualifies for preferential treatment under subdivisions (g) through (i) or (k) through (p), inclusive, of this note or any other provision of the tariff schedule shall not be subject to, or included in the calculation of, the quantitative limitation under subdivision (j)(iii) of this note. You state that the polyester/spandex fabrics are knit in China and cut in Haiti, and that Style 8152 is wholly assembled in Haiti. The garments will be imported directly from Haiti or the Dominican Republic to the United States.
Since Style 8152 is wholly assembled in Haiti and imported directly from Haiti or the Dominican Republic, it is eligible for preferential treatment under HOPE II. However, it is subject to the quantitative limitations set forth in U.S. Note 6(j)(iii), Chapter 98, Subchapter XX, HTSUS.
We note that the submitted sample is 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 United States 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 United States is able to find the marking easily and read it without strain.
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., midway between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304.
Textile fiber products imported into the United States must also be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. We suggest you contact the Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 for information 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 Maryalice Nowak at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division