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NY N009503




April 26, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2079

Ms. Nichole Allen
VF Imagewear, Inc.
545 Marriott Drive, Suite 200
Nashville, TN 37214

RE: The tariff classification of a women’s garment from China

Dear Ms. Allen:

In your letter received April 11, 2007, you requested a classification ruling.

Style H349 is a women’s short sleeve, cut and sewn pullover with a scoop front neckline. A nylon mesh fabric comprises the top of the front panel above the bust, the upper back panel and the fitted short sleeves. The remainder of the garment is made of a knitted cotton fabric. The garment features side seams, a hemmed bottom, an embroidery design across the center of the bust, and “Harley-Davidson” embroidered at the lower left side front panel. The essential character is imparted by the knitted cotton fabric portion of the garment.

The applicable subheading for Style H349 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweatersand similar articles, knitted: of cotton: otherother: women’s. The duty rate will be 16.5% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style H349 falls within textile category 339. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

Your inquiry also requests information on marking of this garment. You state that a woven label would be intrusive to the sheer mesh fabric that comprises the upper portion of the garment. You have proposed that marking labels be sewn at the highest point of the knit fabric centered at the upper back. The sample as submitted has two labels sewn at the center top seam of the rear knitted panel. The top label is a Harley-Davidson Motor Cycles registered trademark label, below which is a slightly larger label with “Made in China” and “Size M” visible on the portion that extends beyond the top label. Garment care instructions and fiber content are also shown on the lower label, but the top label must be lifted to view them.

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.

In T.D. 54640(6), Customs ruled that shirts, blouses and sweaters must be marked by means of a fabric label sewn on the inside center of the neck midway between the shoulder seams or in that immediate area. Nevertheless, Customs has allowed some leeway for cowl neck and reversible garments that are otherwise conspicuously, permanently and legibly marked in accord with 19 U.S.C. §1304 and 19 CFR 134. See Headquarters Ruling Letter (HRL) 709180, dated June 19, 1978 (a cowl neck sweater with country of origin label affixed to the waist seam allowable); HRL 731513, dated November 15, 1988 (a reversible ladies jacket with the country of origin on a paper hangtag attached to the neck area of the garment was allowed); HRL 734692, dated October 31, 1992 (reversible jackets marked with two country of origin labels, one sewn into the inside pocket and one on a hangtag attached to the zipper was acceptable); HRL 734889, dated June 2, 1993 (a sewn-in label at the neck was not mandated under 19 U.S.C. §1304 for reversible jean jackets) and HRL 561255, dated January 29, 1999 (allowed alternate marking on a front-to-back reversible garment).

     The proposed marking of the imported pullover, as described above, 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 pullover.

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 Francine Vivona-Brock at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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