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NY K81409




December 16, 2003
CLA-2-61:RR:NC:WA:361 NY K81409

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065; 6110.30.3055; 6114.30.1020

Mr. Nicholas Treppiedi
Mersant Int’l Ltd.
158-12 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of five women’s garments from Taiwan.

Dear Mr. Treppiedi:

In your letter dated November 19, 2003, you requested a classification ruling for five women’s garments on behalf of Danskin, Inc. As requested, the garments will be returned.

Style 926/347 is a woman’s sleeveless pullover constructed from 92 percent nylon, eight-percent spandex knit fabric. The garment has shoulder straps, a U-shaped neckline, capped armholes and neckline, and a rib knit bottom.

Style 931/344 is a woman’s sleeveless pullover constructed from 92 percent nylon, eight-percent spandex knit fabric. The garment has shoulder straps, a U-shaped neckline, capped armholes and neckline, a shelf bra lining and a rib knit bottom.

Style 5966 is made up of two garments tacked together at the shoulders and under the arms. Both parts are constructed from 64 percent nylon, 28 percent polyester, and eight- percent spandex knit fabric. The two parts are easily separable, thus the style is classified as two separate garments.

The outer portion of style 5966 is a tank top with ¼ inch shoulder straps, a U shaped neckline, and a plain hemmed bottom. The inner portion of style 5966 is a top extending from the shoulders to just below the bust. It is fully lined and has one-inch shoulder straps and an elasticized bottom. Style 5975 is a woman’s sleeveless pullover constructed from 95 percent nylon, five-percent spandex knit fabric. The garment has shoulder straps, a U-shaped neckline, capped armholes and neckline, a shelf bra lining and a rib knit bottom.

Style 5965 is a woman’s sleeveless pullover constructed from 64 percent nylon, 28 percent polyester, and eight-percent spandex knit fabric. The garment has shoulder straps, a U-shaped neckline, and a plain, hemmed bottom. The front of the garment also has a double layer, similar to a shelf bra lining, except that the two inches are visible when the garment is worn.

The applicable subheading for styles 926/347, 931/344, 5975, and 5965 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pulloversand similar articles, knitted or crocheted: Of man-made fibers: Women’s or girls’. The duty rate will be 32.2% ad valorem. Effective January 1, 2004, the duty rate will be 32% ad valorem.

The applicable subheading for outer portion of style 5966 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank tops, knitted or crocheted: Of man-made fibers: Women’s or girls’. The duty rate will be 32.2% ad valorem. Effective January 1, 2004, the duty rate will be 32% ad valorem.

The applicable subheading for the inner portion of style 5966 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Tops: Women’s or girls’. The duty rate will be 28.4% ad valorem. Effective January 1, 2004, the duty rate will be 28.2% ad valorem.

Styles 926/347, 931/344, both the inner and outer portion of style 5966 (treated as separate garments), 5975, and 5965 fall within textile category designation 639. Based upon international textile trade agreements, products of Indonesia 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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. You have also requested a determination as to whether the marking on style 5975 is an acceptable country of origin marking for the imported garment. A marked sample was submitted with your letter for review.

Style 5975 is marked by means of printing directly onto the fabric of the garment mid way between the shoulder straps. The importer’s name begins the marking area and is located 1-¼ inches below the top of the neckline. The marking continues and includes size information, fiber content, washing instructions, then the country of origin. The country of origin is located almost three inches below the top of the neckline, and is covered by the front panel of the garment when the garment is laid flat. The marking is also very small and difficult to read.

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.

The proposed marking of the imported garment, as described above, is not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported garment.

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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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