CLA-2-62:OT:RR:NC:N3:356
Mr. Ricardo Erebia
Hard Time Products
324 Broad Street
Rome, GA 30161
RE: The tariff classification of men’s trousers from Pakistan
Dear Mr. Erebia:
In your letter dated December 20, 2021, you requested a tariff classification ruling. As requested, your sample will be returned.
Style 70003-024 is a pair of men’s trousers constructed from 65% polyester and 35% cotton woven twill fabric. The pull-on pants feature a fully elasticized enclosed waistband, a faux fly opening covered by a placket, and hemmed leg openings.
You have suggested classification of Style 70003-024 under subheading 6203.49.9030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s trousers of other textile materials. However, by application of Section XI, Note 2(A) and Subheading Note 2(A), HTSUS, Style 70003-024 is properly classified elsewhere in the tariff schedule.
The applicable subheading for Style 70003-024 will be 6203.43.9010, HTSUS, which provides for: Men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Other: Other: Trousers and breeches: Men’s. The duty rate will be 27.9 percent ad valorem.
Style 70003-024 is not properly marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:
Unless excepted by law...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 container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.
Further, Treasury Decision (T.D.) 71-264(3) provides, in pertinent part, that “trousers, slacks, jeans, and similar wearing apparel shall be marked to indicate the country of origin by means of a permanent label affixed in a conspicuous location on the garments, such as the inside of the waistband.”
In addition, the submitted sample is not marked with its fiber content. Textile fiber products imported into the United States must 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.
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.
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