United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 2004 NY Rulings > NY K89787 - NY K89830 > NY K89808

Previous Ruling Next Ruling
NY K89808

---

September 30, 2004

CLA-2-61:RR:NC:TA:359 NY K89808

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075

Ms. Gayle E. Williams
Sears, Roebuck and Co.
Dept 733IMP –D5 – 257BB
3333 Beverly Road
Hoffman Estates, IL 60179

RE: The tariff classification and status under the Caribbean Basin Trade Partnership Act for a woman’s garment from Guatemala.

Dear Ms. Williams:

In your letter dated August 30, 2004, you requested a ruling on the tariff classification and status under the Caribbean Basin Trade Partnership Act (CBTPA) for a woman’s knit garment with a textile pin. In your telephone conversation on September 27, 2004 with the appropriate National Import Specialist you indicated that the country of origin of the pins was incorrectly stated as Korea. The correct country of origin is China. This ruling replaces NY ruling K89210, dated September 21, 2004.

Styles WS5CRB1398A and WS5CRB1398B are women’s knit garments constructed from 100 percent cotton knit fabric. The sleeveless garments have boat necklines, and plain, hemmed bottoms. Each garment is decorated with a textile pin appliqué. Style WS5CRB1398A features a flower and style WS5CRB1398B has a butterfly.

You have indicated that the yarn will be of US origin; the fabric will be knit in Guatemala; the fabric will be cut and assembled in Guatemala. The butterfly and the flower are of Chinese origin. The butterfly and the flower are separately classified. As such, even though they are foreign articles, they do not affect the eligibility of the pullovers to receive preferential treatment under the CBTPA. (Headquarters Ruling 967107, dated June 24, 2004, noted)

The applicable subheading for the tops of styles WS5CRB1398A and WS5CRB1398B will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters, pulloversand similar articles, knitted or crocheted: Of Cotton: Other: Other: Women’s or girls’. The general duty rate will be 16.5% ad valorem.

The applicable subheading for the textile pins of styles WS5CRB1398A and WS5CRB1398B will be 6217.10.9530, HTS which provides for Other made up clothing accessories: Accessories: Other: Other: of man-made fibers. The rate of duty will be 14.6% ad valorem.

The tops of styles WS5CRB1398A and WS5CRB1398B fall within textile category designation 339. Based upon international textile trade agreements these categories from Guatemala are neither subject to quota nor the requirement of a visa. The pins fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Based on the information that you supplied, and provided all requirements are met, the tops of styles WS5CRB1398A and WS5CRB1398B are eligible for duty free treatment under subheading 9820.11.09, HTSUS, which provides for: “Articles imported from a designated beneficiary Caribbean Basin Trade Partnership country enumerated in general note 17(a) to the tariff schedule: Apparel articles (other than socks provided for in heading 6115 of the tariff schedule) knit to shape in such a country from yarns wholly formed in the United States; knitted or crocheted apparel articles (except t-shirts, other than underwear, classifiable in subheadings 6109.10.00 and 6109.90.10 and described in subheading 9820.11.12) cut and wholly assembled in one or more such countries from fabrics formed in one or more such countries or from fabrics formed in one or more such countries and the United States, all the foregoing from yarns wholly formed in the United States (including fabrics not formed from yarns, if such fabrics are classifiable in heading 5602 or 5603 of the tariff schedule and are formed in one or more such countries) and subject to the provisions of U.S. note 2(b) to this subchapter.”

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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also:

• Tariff No.: 6109.10.00 - T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of cotton
• Tariff No.: 6109.90.10 - T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of man-made fibers
• Tariff No.: 6110.20.20 - Sweaters, pullovers and similar articles, knitted or crocheted, of cotton, nesoi
• Tariff No.: 6217.10.95 - Made up clothing accessories (excl of heading 6212 or headbands, ponytail holders & like), containing < 70% wgt of silk, not knit/crochet
• Tariff No.: 9820.11.09 - CBTPA goods: Apparel article knit to shape/cut/assembled in one or more CBTPA from US or CBTPA formed fabric of US yarn under quota
• Tariff No.: 9820.11.12 - CBTPA goods: T-shirts, not underwear, made in one or more CBPTA from US yarn and subject to quota in US note 2(c) to subchapter