CLA-2-62 OT:RR:NC:N3:353
Mr. Aaron Cullen
Barthco International
Division of OHL
One CVS Drive
Woonsocket, RI 02895
RE: The tariff classification of textile items from China.
Dear Mr. Cullen:
In your letter dated June 6, 2012, on behalf of CVS/Pharmacy, you requested a tariff classification ruling.
You submitted three samples, which you refer to as capelets, that will be imported as CVS item number 887749. The garments, which you state are “one size fits all”, were fitted on a standard size 10 mannequin. The samples will be returned to you as requested.
The first sample, identified as the “Vampira Capelette”, is constructed of 100% polyester woven fabric. The manufacturer’s style number for this item is 21009. The capelet features a padded collar which measures 6 ½ inches at its widest point. The item has a full front opening with a ribbon tie closure, sturdy seams and sequined fabric trim bordering the garment. The item covers the wearer’s shoulders but does not reach the elbows or extend to the waist.
The second sample, which you identify as a “Gothic Capelette”, is constructed of 100% polyester woven fabric. The manufacturer’s style number for this item is 21008. The garment features a gathered, multiple layered collar which contains a non-woven stiffener for added shape. It also has two ruffled flounces, a full front opening with a ribbon tie closure, sturdy seams and decorative fabric trim. The garment covers the wearer’s shoulders, extends beyond the elbows and reaches the waist.
The third sample, which you identify as the “She Devil Capelette”, is constructed primarily of 100% polyester woven fabric. The manufacturer’s style number for this item is 21013. The garment features a double-layered mandarin-type collar which is trimmed with sewn-on decorative fabric. The item is multi-layered, has a full front opening with a ribbon tie closure, sturdy seams and a well-made neckline, whose edges have been turned and sewn. The garment covers the wearer’s shoulders, extends beyond the elbows and reaches the waist.
The applicable subheading for style number 21009 will be 6214.30.0000 Harmonized Tariff Schedule of the United States (HTS), which provides for "Shawls, scarves, mufflers, veils and the like: Of synthetic fibers." The rate of duty will be 5.3 percent ad valorem.
The applicable subheading for style numbers 21008 and 21013 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, women's or girls': Of man-made fibers, Other." The rate of duty will be 16 percent ad valorem.
Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC 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 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).
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 Kimberly Praino at (646) 733-3053.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division