CLA-2-61:OT:RR:NC:N3:354
Mr. Mihai Stroe
Salomon U.S.A.
2030 Lincoln Avenue
Ogden, UT 84401
RE: The tariff classification of garments from Thailand.
Dear Mr. Stroe:
In your letter dated May 1, 2013, you requested a tariff classification ruling. The samples submitted will be returned.
Model B7513 is a man’s long sleeve base layer knit undershirt constructed of man-made fibers. The garment features flatlock stitching at the seams, a brushed interior surface, thumb holes and a stand up collar with a partial opening at the neck area secured by a zipper closure that extends to the top of the collar. You state that the garment has thermal properties.
Model B7514 is a man’s long base layer knit underpant constructed of man-made fibers. The garment features a brushed interior surface, flatlock stitching at the seams, an exposed elastic waistband and an open fly front.
The applicable subheading for model B7513 will be 6109.90.1047, HTSUS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fibers: men’s or boys’: thermal undershirts. The duty rate will be 32% ad valorem.
The applicable subheading for model B7514 will be 6107.12.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: underpants and briefs: of man-made fibers: men’s. The duty rate will be 14.9% 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/.
Please also note the marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, 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 its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.
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 354 at (646) 733-3054.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division