The tariff classification of men’s wearing apparel from Portugal, Turkey and Slovakia.

N227797 August 24, 2012 CLA-2-61:OT:RR:NC:N3:356 CATEGORY: Classification TARIFF NO.: 6105.20.2010; 6109.10.0012; 6201.93.3511; 6212.90.0030; 6217.10.9530 Mr. Farrukh Butt Pfanner Protective Clothing Marktstraße 40 6845 Hohenems Austria RE: The tariff classification of men’s wearing apparel from Portugal, Turkey and Slovakia. Dear Mr. Butt: In your letter dated July 18, 2012, you requested a tariff classification ruling. The submitted samples will be returned. Style 104060 is a men’s shirt constructed from 100% polyester, finely knit fabric that measures 17 stitches per linear centimeter counted in the horizontal direction and 25 stitches per linear centimeter counted in the vertical direction. The shirt has a contrasting color, self-fabric stand up collar; a partial front opening with a zippered closure; long, hemmed sleeves; contrasting color inserts along the sides; an embroidered brand name on the collar; and a hemmed bottom with a curved tail. Style 102187 is a men’s dyed T-shirt constructed from 100% cotton, finely knit jersey fabric that weighs 175 grams per square meter. Style 102187 has a rib knit crew neckline; short, hemmed sleeves; a screen printed brand name on the lower right side and below the rear neckline; and a straight, hemmed bottom. Style 501040, Stretch Zone Functional Work jacket, is made mostly from a 65% polyester/35% cotton woven fabric with a small portion in the back comprised of a 90% polyamide/10% elastane stretch fabric for improved range of motion. The jacket has a full front opening with a zipper closure covered by a flap with four snaps, a pointed collar, removable long sleeves attached with zippers at the shoulders, slant pockets at the waist, patch pockets with flaps in the chest, a banded bottom and an unsecured patch pocket on the upper part of the left sleeve. Style 100240 is suspenders of elasticized man-made fibers with straps approximately 1½ inches wide that can be attached to trousers using the adjustable hook and loop fasteners. The submitted sample, referred to as a forearm chainsaw guard, is identified as article number 804161.  The protective sleeve is constructed of 70% polyester and 30% polyamid woven fabric and lined with 100% polyester fabric.  The item measures approximately twelve inches in length, exclusive of the knitted, ribbed cuffs on either end. The sleeve is designed to give added protection to the chainsaw user’s arm. The applicable subheading for Style 104060 will be 6105.20.2010, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for: Men’s or boys’ shirts, knitted or crocheted: Of man-made fibers: Other: Men’s. The rate of duty will be 32% ad valorem. The applicable subheading for Style 102187 will be 6109.10.0012, HTSUS, which provides for T-shirts, singlets, tank tops, and similar garments, knitted or crocheted: of cotton: other T-shirts: men’s. The rate of duty will be 16.5% ad valorem. The applicable subheading for Style 501040 will be 6201.93.3511, HTSUS, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The rate of duty will be 27.7% ad valorem. The applicable subheading for Style 100240 will be 6212.90.0030, HTSUS, which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other, of man-made fibers or man-made fibers and rubber or plastics. The rate of duty will be 6.6% ad valorem. The applicable subheading for article number 804161 will be 6217.10.9530, HTSUS, which provides for Other made up clothing accessories…other than those of heading 6212: Accessories: Other: Other, Of man-made fibers. The rate of duty will be 14.6% 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 the World Wide Web at http://www.usitc.gov/tata/hts/. We note that the submitted items are not marked with acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. 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 United States 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. Section 134.1(d), Customs Regulations (19 CFR 134.1(d)) defines the "ultimate purchaser" generally as the last person in the United States who will receive the article in the form in which it is imported. Since the garments are intended for retail sale, the retail customer is considered the ultimate purchaser for the purpose of country of origin marking.  In T.D. 54640(6), Customs determined that country of origin marking appearing on the inside center of the neck of shirts, blouses, coats, sweaters, etc., mid-way between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. Textile fiber products imported into the United States must also be labeled in accordance with the Textile Fiber Products Identification Act (15 USC 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. We suggest you contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 for advice concerning the requirements of this Act. Information may also be obtained at the Federal Trade Commission website, www.ftc.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 Mary Ryan at (646) 733-3271. Sincerely, Thomas J. Russo Director National Commodity Specialist Division