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NY 864605


July 22, 1991

CLA-2-61:S:N:N3-I:356 864605

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6109.10.0012; 6110.20.2065

Ms. Shirley Gadol
Shirley Gadol Co., Inc.
5801 Northeast 14th Avenue
Fort Lauderdale, Florida 33334

RE: The tariff classification of men's knit wearing apparel from Peru.

Dear Ms. Gadol:

In your letter dated June 19, 1991, you requested a tariff classification ruling.

Style number 740 is a man's T-shirt which is constructed from 100 percent cotton, finely knit, jersey fabric. The garment features a rib knit, crew neckline; short hemmed sleeves; and a hemmed bottom.

Style number 741 is a man's pullover garment which is constructed from 100 percent cotton, finely knit fabric. The garment features a double rib knit crew neckline; a patch pocket on the left chest which contains an embroidered logo and a rib knit top border; short hemmed sleeves; and a hemmed bottom.

Style number 742 is a man's pullover garment which is constructed from 100 percent cotton, finely knit jersey fabric. The garment features a rib knit, crew neckline; short hemmed sleeves each constructed from two pieces of fabric; an eight inch wide fabric insert across the front and back panels; a hemmed bottom; side slits and a tail which is pieced to the lower back panel.

Style number 744 is a man's pullover garment which is constructed from 100 percent cotton, finely knit jersey fabric. The garment features a double rib knit crew neckline; short sleeves with a contrast color fabric lining; and a hemmed bottom.

As requested, your samples will be returned.

You have also indicated that you would like information on appropriate labeling for these garments. Your samples show a "Gadol Fort Lauderdale" label sewn to the neckband. Below that label is a folded fabric label showing the fiber content and country of origin on the face of the label. The placement of the country of origin is considered conspicuous and is in close proximity to the name of the U.S. location. As such, this label satisfies the requirements of Section 304 of the Tariff Act. These garments are also subject to the Federal Trade Commission (FTC) regulations and you may wish to contact them at the Federal Trade Commission, Washington, D.C., 20580 for the requirements of their regulations.

The applicable subheading for style number 740 will be 6109.10.0012, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: men's or boys': other: other T-shirts: men's. The duty rate will be 21 percent ad valorem.

The applicable subheading for style numbers 741, 742, and 744 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'. The duty rate will be 20.7 percent ad valorem.

Style numbers 740, 741, 742, and 744 fall within textile category designation 338. Based upon international textile trade agreements, products of Peru are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are sub- ject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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