CLA-2-62:RR:NC:TA 360 G87128
Ms. Maria Milbee
WinterSilks
14 S. Carroll Street
Madison, WI 53703
RE: The tariff classification of a women’s reversible shirt-jacket from China
Dear Ms. Milbee:
In your letter dated February 8, 2001, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.
Style S/770 is a women’s reversible shirt-jacket. Each side is of a contrasting color and is constructed from 85 percent silk and 15 percent wool woven brushed fabric. The garment extends from the shoulders to the hips and features long hemmed sleeves, a pointed collar and a full front opening secured by four buttons.
The applicable subheading for style S/770 will be 6206.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses, shirts and shirt-blouses: of silk or silk waste: other: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 7.1 percent ad valorem.
You also requested information concerning the acceptable method of marking the country of origin on this reversible garment. You stated that the garment will be packaged in a hanging polybag bearing the WinterSilks logo, style number, size, color, and country of origin marked on it. Because the garment is reversible, you propose attaching a hangtag, as opposed to a fixed label, which will state the country of origin. You did not provide a sample of the proposed marking.
Customs ruled in T.D. 54640(6) that shirts, blouses and sweaters must be marked by means of a fabric label sewn on the inside center of the neck midway between the shoulder seams or in that immediate area. Since the garment is reversible, it is not required to be marked by means of a sewn-in label affixed to the neck mid-way between the shoulder seams. Marking the country of origin on a cardboard hangtag secured to the garment by means of a plastic anchor is acceptable, provided the hangtag is legible, conspicuous, and permanently marked in accordance with 19 U.S.C. §1304 and 19 C.F.R. Part 134. In this case, we can not determine if these factors exist since a sample of your proposed marking was not submitted for our review.
Textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings.
Style S/770 falls within textile category designation 741. Based upon international textile trade agreements products of China are not currently subject to quota restraints or the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
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 Patricia Schiazzano at 212-637-7080.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division