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NY N020923




January 11, 2008

CLA-2-49:OT:RR:NC:2:234

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.10.0080; 6205.30.2070; 6203.43.4010

Mr. Robert Ryan
Diversified Freight Logistics, Inc.
P. O. Box 610629
DFW Airport, TX 75261-0629

RE: The tariff classification of printed advertising material from Nicaragua, Honduras, China, Bangladesh, Sri Lanka and Mexico

Dear Mr. Ryan:

In your letter dated December 7, 2007, on behalf of your client, Williamson-Dickie Manufacturing Company, you requested a tariff classification ruling.

You have submitted samples for our review that will be returned to you as requested. The samples, printed advertising material, were attached to a shirt and a trouser in order for us to examine these articles in the condition as imported. You state in your letter that the items are “advertisers” and will be attached to various articles of clothing at the point of production. You are inquiring whether the cell phone dangler and ball chain advertisers will be classified separately or as part of the garment.

The first item is a lanyard type logo, cell phone dangler, that consists of a three inch long, woven strip of fabric with brand name printing on one side, a metal D-ring, and a one and one-half inch textile loop that attaches to a cell phone. This item is looped onto the top button of a sample men’s 65 percent polyester, 35 percent cotton woven solid color work shirt, submitted in size X-Large. The cell phone dangler is considered a separate item of commerce and will be separately classifiable.

The second item consists of a six inch long metal ball chain that has woven fabric brand name and marketing labels attached. This item was attached to a sample pair of men’s 65 percent polyester, 35 percent cotton woven trousers on the waistband belt loop in the manner of a hangtag. When the metal ball chain with marketing labels is attached to an article of clothing, the ball chain and labels are considered part of the imported article. They are classified with the garment and are not separately classifiable.

The applicable subheading of the cell phone dangler will be 4911.10.0080, Harmonized Tariff Schedule of the United States, (HTSUS), whether the cell phone dangler is attached to an article of clothing or imported separately.

The applicable subheading of the men’s woven shirt will be 6205.30.2070, (HTSUS), which provides for men’s or boys’ shirts, of man-made fibers, other: other: other: other: men’s. The duty rate is 29.1 cents per kilogram plus 25.9 percent ad valorem.

The applicable subheading of the men’s woven trousers with ball chain and labels attached will be 6203.43.4010, (HTSUS), which provides for men’s and boys’trousers,and shorts (other than swimwear): of synthetic fibers: other: other: other: other: trousers and breeches: men’s. The rate of duty is 27.9 percent 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/.

The woven shirt falls within textile category 640 and the woven trouser falls within textile category 647. 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.

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 Wilson at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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