CLA-2-61:OT:RR:NC:N3:358
Mr. Miguel Montero
Dad Sons and Associates
14355 NW 14th Street
Pembroke Pines, FL 33028
RE: The tariff classification and status under the Haiti Hemispheric Opportunity through Partnership Encouragement Act of 2008 (HOPE II) of girls’ garments from Haiti
Dear Mr. Montero:
In your letters dated February 13, 2018 and April 3, 2018, you requested a trade preference program ruling on behalf of your client, Integrated Consulting Group. Your first letter was accompanied by three samples. The samples will be retained by this office.
Style 1331275 is a girl’s T-shirt, size YM, constructed from 100 percent polyester interlock knit fabric. The T-shirt features a crew neckline; short, hemmed sleeves and a straight, hemmed bottom.
Style 1331678 is a girl’s upper body garment similar to a T-shirt, size YM, constructed from 100 percent polyester interlock knit fabric. The garment features a crew neckline; short, hemmed, raglan sleeves with functional flatlock stitching and a straight, hemmed bottom.
Style 1305686 is a girl’s pullover, size YM, constructed from 100 percent polyester interlock knit fabric. The loose fitting garment has a crew neckline; long, tight fitting raglan sleeves with functional flatlock stitching and a straight, hemmed bottom.
The applicable subheading for style 1331275 will be 6109.90.1060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers: Women’s or girls’: T-shirts: Girls’.” The rate of duty will be 32 percent ad valorem.
The applicable subheading for style 1331678 will be 6109.90.1090, HTSUS, which provides for “T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers: Women’s or girls’: Other.” The rate of duty will be 32 percent ad valorem.
The applicable subheading for style 1305686 will be 6110.30.3059, HTSUS, which provides for “Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other: Other: Other: Women’s or girls’: Other.” The rate of duty will be 32 percent ad valorem.
Your letter specifically requests this rulingaddress whether these items are eligible under Haiti Hemispheric Opportunity through Partnership Encourangement Act of 2006 or 2008 (“HOPE I” or “HOPE II”) or the Haiti Economic Lift Program Act of 2010 (“HELP”).
You state the three garments are made from fabric knit, in the piece, in the United States from yarns formed in the United States. The thread used to assemble the garment is manufactured in Honduras. The garments are cut and sewn in Haiti and shipped directly to the United States.
Based on the information you have provided above for styles 1331275, 1331678 and 1305686, HOPE II under subheading 9820.61.35, HTSUS, provides the applicable trade preference legislation to consider if these garments are eligible for duty-free treatment.
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 by such U.S. note 6(j)(iii).
Chapter 98, Subchapter XX, HTSUS, U.S. Note 6(j) states:
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 the Dominican Republic, subject to subdivisions (j)(ii), (j)(iii) and (j)(iv) of this note, without regard to the 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.
Since styles 1331275, 1331678 and 1305686 are wholly assembled in Haiti from fabrics knit in the United States, imported directly from Haiti to the United States, and not excluded by U.S. Note 6(j)(ii), they are eligible for preferential treatment under subheading 9820.61.35, HTSUS. The rate of duty is Free. However, they are subject to the quantitative limitations set forth in U.S. Note 6(j)(iii), Chapter 98, Subchapter XX, HTSUS.
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 Kim Wachtel at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division