CLA-2-62:OT:RR:NC:N3:356
Ms. Linda Krueger
Jockey International, Inc.
2300 60th Street
Kenosha, WI 53140
RE: The tariff classification of men’s fishing shirts from China
Dear Ms. Krueger:
In your letter dated February 23, 2022, you requested a tariff classification ruling. Your samples are being returned.
Style 006864 is a men’s fishing shirt constructed from 90% polyester and 10% spandex woven fabric. Style 006864 features a point collar, a left-over-right, full front opening with seven button closures, self-fabric front and back yokes, long, vented sleeves with a one-button closure on each cuff and each sleeve placket, an elastic loop on each outer sleeve, a sewn-on self-fabric strap with a one-button closure on the inner top portion of each sleeve, a woven fabric logo label at the bottom of the left sleeve placket, two patch pockets with flaps and hook and loop closures on the chest, a hook and loop tab closure above the left chest pocket, an elastic loop above the right chest pocket, a hanger loop at the inner rear neckline, and a curved, hemmed bottom.
Style 009538 is a men’s fishing shirt constructed from 88% nylon and 12% spandex woven fabric. Style 009538 features a point collar, a left-over-right, full front opening with seven button closures, long, vented sleeves with a one-button closure on each cuff and each sleeve placket, an elastic loop on each outer sleeve, a sewn-on self-fabric strap with a one-button closure on the inner top portion of each sleeve, a woven fabric logo label at the bottom of the left sleeve placket, two pleated pockets with flaps and hook and loop closures on the chest, a hook and loop tab closure above the left chest pocket, an elastic loop above the right chest pocket, a hanger loop at the inner rear neckline, and a curved, hemmed bottom. In addition, there is a 100% polyester mesh knit fabric insert at the back top center of the garment. This insert is covered by a self-fabric panel with open sides, for ventilation purposes.
The applicable subheading for Styles 006864 and 009538 will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Men’s or boys’ shirts: Of man-made fibers: Other: Other: Other: Other: Men’s. The rate of duty will be 29.1 cents per kg + 25.9 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6205.30.2070, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. For goods the country of origin of which is China, at the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 6205.30.2070, HTSUS, listed above. The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
Styles 006864 and 009538 are not properly marked with their 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 samples are not marked with their 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