CLA-2-61:OT:RR:NC:TA:361
Mr. Roseann Downing
Life is good, Inc.
283 Newbury Street
Boston, MA 02115
RE: The tariff classification of various knit garments from China and Macau.
Dear Ms. Downing:
In your letter dated September 21, 2010, you requested a classification ruling for 3 women’s knit garments and a man’s knit pullover.
The submitted sample, Style #M1492 “Men’s Good Move Merino Pullover” is a men’s pullover garment constructed from 94% wool, 6% spandex jersey knit fabric that measures 30 stitches per 2 centimeters counted in the horizontal direction. The garment has a self-fabric crew neckline; long, hemmed sleeves; pieced, self-fabric inserts on each shoulder; and a straight, hemmed bottom.
We are returning your sample as you requested.
The applicable subheading for Style M1492 will be 6110.11.0070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of wool or fine animal hair: of wool: other: men’s or boys’. The rate of duty is 16% ad valorem.
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).
We are returning your request for a ruling for Styles W4548, W4541, and W4559, and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below:
Classification of garments of this type depends on their appearance and in part, on the manner in which they are designed, marketed and sold. Therefore, we require the following information.
How are the garments designed? As “knock offs” of items in the market, or as originals? If “knock offs” how were they sold at retail originally? What changes or modifications were made to the garments? (Specifically, were there any changes to the type or weight of the fabric used, the size specifications, etc.) If an original design, what is the concept of the designer?
What is the weight of the fabric? Is the fabric (both type and weight) typical of sleepwear sold by your company? Please explain.
How will the garments be marketed?
Are there any sketches or booklets used during the process of showing a potential buyer the line? If so, please provide copies.
Is the garment designed specifically for the buyer? If so, please provide the information in number 1 and 2 above on behalf of the buyer.
Provide the company name of the buyer or buyers.
How will the garments be displayed to the consumer at retail?
What in-store advertising or signs will be placed in proximity to the garment?
What other types of garments are sold in the same department?
Provide copies of any labels that will be sewn into or tacked onto the garments, especially any that indicate how the garments are intended to be used.
Provide any advertising or advertising mock-ups that will be used for the garments. If nothing is available for the specific garments, please provide advertising for similar garments sold in prior seasons.
Will the garments be sold in a catalogue? If yes, please provide a copy of the entire catalogue or catalogue mock, in which the garments will be sold. If nothing is available for the specific garments, please provide a catalogue showing similar garments sold in prior seasons.
Will the garments be sold on an internet site. If so, please provide a copy of the page, showing the garments’ description, and the location within the website.
Often in intimate apparel departments, garments known as “loungewear” are sold alongside traditional sleepwear. Does your company market loungewear? How do you define that term? Do you consider these garments to be loungewear?
When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you (including the samples) and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Peggy Fitzgerald at 646-733-3052.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division