CLA-2-61:OT:RR:NC:N3:356
Ms. Lucy Bassett
Vince LLC
900 N. Cahuenga Boulevard
Los Angeles, CA 90038
RE: The tariff classification of a men’s upper body garment from Vietnam
Dear Ms. Bassett:
In your letter dated September 20, 2018, you requested a tariff classification ruling. As requested, your sample will be returned.
Style M56139790 is a men’s cardigan-style garment constructed from 96% cotton, 4% spandex, knit fabric that measures 13 stitches per 2 centimeters counted in the horizontal direction. Style M56139790 features a self-fabric spread collar; a left-over-right, full front opening with seven button closures; two patch pockets with flap closures on the chest; two side seam pockets below the waist; long, vented sleeves with one button closure on each cuff; and a curved, hemmed bottom.
Although you suggest classification of Style M56139790 under subheading 6101.20.0010, Harmonized Tariff Schedule of the United States (HTSUS), the sample garment lacks the character of an outerwear jacket. The styling, cut, and features do not support a finding that this item is an outerwear jacket that is designed for wear over all other clothing for protection against the weather.
Consequently, the applicable subheading for Style M56139790 will be 6110.20.2069, HTSUS, which provides for: Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: Of cotton: Other: Other: Other: Men’s or boys’: Other. The rate of duty will be 16.5 percent ad valorem.
We note that the submitted sample is not marked with its country of origin in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
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 United States 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 United States the English name of the country of origin of the article. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41 (b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the United States is able to find the marking easily and read it without strain.
In T.D. 54640(6), Customs determined that country of origin marking appearing on the inside center of the neck of shirts, blouses, coats, sweaters, etc., midway between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304.
In addition, 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. To ensure compliance with this Act, we suggest you contact the Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. 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