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NY 863627

June 20, 1991

CLA-2-61:S:N:N3-I:356 863627

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6110.20.2040; 6103.42.1020; 6103.42.1040; 6110.20.2065; 6105.20.2010; 6105.20.2030

Ms. Judy Campbell
W.Y. Moberly, Inc.
Box 164
Sweetgrass, Montana 59484

RE: The tariff classification of men's and boys' wearing apparel from Canada.

Dear Ms. Campbell:

In your letter dated May 7, 1991, you requested a tariff clas- sification ruling on behalf of Kovan Industries Inc.

Style No. 112 is a man's long sleeved sweatshirt which is constructed from 80 percent cotton, 20 percent polyester, finely knit fabric which is napped on the inside surface. The garment features a partial front opening, with a zipper closure; a spread collar; a v-shaped insert across the front and the back; side slit pockets; rib knit cuffs; and a rib knit waistband.

Style No. 114 is a man's long sleeved sweatshirt which is constructed from 80 percent cotton, 20 percent polyester, finely knit fabric which is napped on the inside surface. The garment features a double collar which consists of a rib knit spread collar and a rib knit mock turtleneck collar; a four inch wide insert on each sleeve; rib knit cuffs; and a rib knit bottom.

The applicable subheading for Style Nos. 112 and 114 will be 6110.20.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: sweatshirts: men's or boys'. Goods classifiable under this subheading, which have originated in the territory of Canada, will be entitled to a 14.4 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Style No. 202 is a man's pair of sweatpants which is constructed from 80 percent cotton, 20 percent polyester, finely knit fabric which is napped on the inside surface. The garment features an elasticized waist with a drawstring closure; side pockets; and hemmed leg bottoms.

The applicable subheading for Style No. 202 in men's sizes will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: trousers, bib and brace overalls, breeches and shorts: of cotton: trousers, breeches and shorts: trousers and breeches: men's. In boys' sizes Style No. 202 will be 6103.42.1040. Goods classifiable under these subheadings, which have originated in the territory of Canada, will be entitled to a 11.9 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Style No. 313 is a man's short sleeved pullover which is constructed from 100 percent cotton, finely knit interlock fabric. The garment features a mock turtleneck; hemmed sleeves; a hemmed bottom; side slits and a tail.

The applicable subheading for Style No. 313 will be 6110.20.2065, Harmonized Tariff Schedule of the United States (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys'. Goods classifiable under this subheading, which have originated in the territory of Canada, will be entitled to a 14.4 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Style No. 811 is a man's short sleeved golf shirt which is constructed from 50 percent cotton, 50 percent polyester, finely knit fabric which contains 15 stitches per linear centimeter in the horizontal direction and 13 stitches per linear centimeter in the vertical direction. The garment features a rib knit spread collar; a partial front opening with three button closures; an embroidered logo on the left chest; hemmed sleeves; a hemmed bottom; and side slits.

The applicable subheading for Style No. 811 in men's sizes will be 6105.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' shirts, knitted or crocheted: of man-made fibers: other: men's. In boys' sizes Style No. 811 will be 6105.20.2030. Goods classifiable under these subheadings, which have originated in the territory of Canada, will be entitled to a 24.2 percent rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Garments which are claimed to be constructed from a 50 / 50 blend of fibers may be subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. A slight variation from the above stated fiber content may affect the stated classification and duty of the garment.

In your letter, you also requested advice on the positioning of the country of origin label on the submitted garments. Section 304 of the Tariff Act of 1930, as amended (19 USC 1304), requires that each imported item must be labeled legibly and conspicuously so that the ultimate consumer in the United States is aware of the country of origin of the goods. The samples you submitted have a woven fabric label, showing the Kovan logo, sewn into the rear seam of the sweatpants and the rear center neckline of the remaining garments. This label has a small size label attached. A second fabric label showing the country of origin of the goods is also sewn into the rear neckline or pant seam but this label is positioned directly under the Kovan label. The country of origin label is not visible unless the consumer pulls up the Kovan label. Consequently, the country of origin labels on the submitted samples are not considered conspicuous and the positioning of these labels is not acceptable for country of origin marking purposes.

These garments are also subject to the requirements of the Textile Fiber Products Identification Act (TFPIA). You may wish to contact the Federal Trade Commission, Washington, D. C. for information on these requirements.

As requested, your samples will be returned.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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