The tariff classification of a pullover shirt from Egypt or Syria

NY G87667 March 12, 2001 CLA-2-61:RR:NC:TA:358 G87667 CATEGORY: Classification TARIFF NO.: 6110.20.2075 Stephanie A. Goldfisher Grunfeld, Desiderio, Lebowitz, Silverman & Klestdadt LLP 245 Park Avenue 33rd Floor New York, NY 10167-3397 RE: The tariff classification of a pullover shirt from Egypt or Syria Dear Ms. Goldfisher: In your letter dated February 15, 2001 you requested a classification ruling on behalf of your client Haddad Organization, Ltd. The submitted sample, Style No. 7B101, is a unisex cotton interlock pullover. The garment has a round neckline with rib knit fabric at the opening, short raglan sleeves that are hemmed at the sleeve openings and a hemmed bottom. The pullovers have pieced construction, including separate front and back panels and three separate sleeve panels. The sleeves have armband strip overlays. The submitted sample is unisex size 3T toddler. The country of origin and garment size will be printed on a fabric label firmly affixed to the neck seam approximately 1 to 1 ½ inches from the center midpoint of the nape of the neck. The garment will also have another fabric label stating the fiber contents, RN number and care instructions sewn to the inside side seam, approximately 3 inches above the bottom hem. After importation, but before delivery to retailers, a brand label will be attached to the center of the neckline. The brand will not be known until after importation. A brand logo that corresponds to the brand label will also be added to the design of the garment. The applicable subheading for the cotton pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for ..pullovers, sweatshirts and similar articles, knitted or crocheted, of cotton, women’s or girls’. The duty rate will be17.8 percent ad valorem. Toddler unisex knitted cotton pullovers fall within textile category designation 339. Based upon international textile trade agreements products of Egypt are subject to quota and the requirement of a visa. Based upon international textile trade agreements products of Syria are not currently 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 also inquire whether the proposed marking for the cotton pullover is an acceptable country of origin marking for imported merchandise. 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. 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 imported cotton 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 garment. The pullover must also be labeled in accordance with the textile fiber products Identification Act (15 U.S.C. 70 through 70K) and the rules promulgated thereunder by the Federal Trade Commission. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, NW, Washington, D.C. 20508 for a determination as to whether the marking satisfies the requirement of the Act. 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 Bruce Kirschner at 212-637-7079. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division