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NY J83375




May 7, 2003

CLA-2-62:RR:NC:N3:360 J83375

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6204.63.3510; 6211.43.0078

Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of women’s apparel of PLA from Hong Kong

Dear Mr. Travis:

In your letter dated April 10, 2003, you requested a classification ruling on behalf of Cargill Dow, LLC. The samples submitted with your request will be returned to you under separate cover.

Three samples, no style designations provided, were submitted with your request. All of the garments are made from fabric that is either woven or knitted from 100% PLA fibers. PLA is a new synthetic fiber in which the fiber-forming substance is composed of at least 85% by weight of lactic acid ester units derived from naturally occurring sugars. It is a generic term recognized by the Federal Trade Commission (FTC).

The women’s duster is a woven jacket-like garment that extends from the shoulders to the ankles. It features long hemmed sleeves, a full frontal opening with a four button closure and a notched collar with lapels.

The women’s pullover is constructed from finely knitted fabric that weighs more than 200 grams per square meter. The garment has a crew neck with short hemmed sleeves and a hemmed bottom.

The women’s woven jeans feature a straight waistband with five belt loops, a zipper fly front with a single button closure on the waistband, three front pockets, two back patch pockets and long hemmed legs.

The applicable subheading for the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls, sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of man-made fibers. The duty rate will be 32.2% ad valorem.

The applicable subheading for the jeans will be 6204.63.3510, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls, trousers and breeches, of synthetic fibers. The duty rate will be 28.8% ad valorem.

The applicable subheading for the duster will be 6211.43.0078, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls, of man-made fibers, jackets and jacket-type garments excluded from heading 6202. The duty rate will be 16.1% ad valorem.

You also inquired into the correct marking of the submitted garments. Each garment will be marked with a cloth sewn in label in the neck area, or in the case of the jeans in the waistband, stating the country of origin, Hong Kong. In addition, the garments will be labeled with the registered identification number and name of the generic fiber, PLA, as required by FTC.

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.

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 U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. This is acceptable marking.

The proposed marking of the imported garments made from PLA, as you have described them, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported garments.

Please note that textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.

The pullover falls within textile category designation 639; the jeans within category designation 648 and the duster within category designation 635. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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