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 a men’s jumpsuit from Pakistan
Dear Mr. Erebia:
In your letter dated December 8, 2021, you requested a tariff classification ruling. Your sample will be returned.
The submitted sample, Style 70243-012, is a men’s jumpsuit constructed from 65% polyester and 35% cotton woven twill fabric. The garment features a notched collar; a left-over-right front opening extending from the neckline to below the waist, which is secured by six snap closures; a patch pocket on the left chest; short, hemmed, raglan sleeves; an elastic strip stitched to the inner rear waist; and long, hemmed leg openings.
You have suggested classification of Style 70243-012 under subheading 6211.39.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s jumpsuits of other textile materials. However, the garment is more correctly classified elsewhere in the tariff schedule.
The applicable subheading for Style 70243-012 will be 6211.33.9010, HTSUS, which provides for: Track suits, ski suits and swimwear; other garments: Other garments, men’s or boys’: Of man-made fibers: Other: Coveralls, jumpsuits and similar apparel: Other: Men’s. The rate of duty will be 16 percent ad valorem.
Style 70243-012 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.) 54640(6) (1958) provides, in pertinent part:
Subject to the exceptions from marking provided under Section 304(a), Tariff Act of 1930, as amended…wearing apparel, such as shirts, blouses, coats and sweaters, etc., must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner.
Finally, 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