The tariff classification of a tie from Italy

NY G89209 May 7, 2001 CLA-2-62:RR:NC:3:353 G89209 CATEGORY: Classification TARIFF NO.: 6215.20.0000 Mr. John Hirko Insider Ties 1069 Stallings Mill Road Louisburg, NC 27549 RE: The tariff classification of a tie from Italy Dear Mr. Hirko: In your letter dated March 19, 2001, received in this office on April 12, 2001, you requested a tariff classification ruling. The submitted sample is a necktie constructed of woven man made fiber fabric. The tie has a printed pattern, and on the back, the lining is silk screened with a picture of a nude woman sitting on a chair. The applicable subheading for the woven man made fiber necktie will be 6215.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Ties, bow ties and cravats: Of man-made fibers.” The rate of duty will be 25.3 cents per kilogram plus 12.9% ad valorem. You ask a number of questions in your request and the responses follow: There are no quota restriction or visa requirements on neckties from Italy. In order to determine the classification of other neckties, this office must be provided with their construction (knit, woven, etc.) and component material (polyester, cotton, etc.). In addition for silk ties you must provide the component material and weights for all textile materials including linings and interlinings. In general, the country of origin of neckties is not dependent on where the fabric is formed, but where the components are assembled. However, a determination cannot be made for a particular necktie without full information regarding fabric formation, dying and printing, cutting, sewing and finishing. 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. A sewn in label stating “Made in Italy” would be acceptable. Because you are just about to begin to import, we suggest you contact the Federal Trade Commission (FTC) regarding fiber content and other requirements. They can be contacted at the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 You indicate that you will import through the Raleigh/Durham Service Port of Entry. We suggest you contact them regarding your questions regarding formal entry, addresses, postal service entries and sample shipments. The issue has also been raised concerning whether the article is obscene and its importation prohibited pursuant to 19 U.S.C. 1305. This office has examined the article, specifically the depiction on its back or inside, and determined that it does not rise to the level of material deemed obscene in Customs Directive 4410-001A, Dated: February 3, 2000. This determination is limited to the sample provided the Customs Service. The sample will be retained. The question of whether other depictions, which differ from the sample, are obscene can only be answered on a case-by-case basis. 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 Kenneth Reidlinger at 212-637-7084. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division