CLA-2-62:OT:RR:NC:N3:356
Mr. Karl F. Krueger
Radix Group International dba DHL Global Forwarding
2660 20th Street
Port Huron, MI 48060
RE: The tariff classification of a men’s suit-type jacket from Croatia
Dear Mr. Krueger:
In your letter dated October 16, 2017, you requested a tariff classification ruling on behalf of your client, Orvis Company. As requested, the submitted sample will be returned.
Style 2PHR is a men’s suit-type jacket constructed from 65% wool, 30% polyamide, 5% cashmere, woven fabric. Style 2PHR is constructed from six panels sewn together lengthwise and is fully lined with 60% acetate, 40% viscose, woven fabric. The garment features a mandarin collar, a narrow contrasting color overlay on the lower portion of the outer collar, a button hole at the top of the left front panel, a left over right, full front opening with five button closures, long, vented sleeves with a single button on the vent, an inset pocket on the left chest, two patch pockets with a flap on the front panels below the waist, two inner pockets with a flap and a single button closure at the chest, a hanger loop at the inner rear neckline, and a hemmed bottom with slightly curved front panels. There is contrasting color piping at the edge of the collar, front panels, and pocket flaps, at the shoulder seams, and at the button holes.
Although you suggest classification of Style 2PHR as a jacket under 6201.91.4011, Harmonized Tariff Schedule of the United States (HTSUS), the garment lacks the character of an outerwear jacket. The styling, cut, and features do not support a finding that this item is an outerwear jacket designed for wear over all other clothing for protection against the weather.
Consequently, the applicable subheading for Style 2PHR will be 6203.31.9020, HTSUS, which provides for men’s or boys’ suits, ensembles, suit-type jackets, blazers,... suit-type jackets and blazers: of wool or fine animal hair: other: other. The duty rate will be 17.5% 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.
The submitted garment 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. Office of Regulations and Rulings (ORR) ruling 638-39, dated January 2, 1979, modified this ruling by holding that suit jackets, overcoats and sport coats may be marked to indicate the country of origin by means of a label affixed over or below the inside pocket if such marking is included on or is in close proximity to a brand name label affixed to that area.
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 Maryalice Nowak at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division