The tariff classification and country of origin marking of cycling shorts from China

N284698 April 12, 2017 CLA-2-61:OT:RR:NC:N3:348 CATEGORY: Classification TARIFF NO.: 6114.30.3070 Mr. Mike Packard Dash America dba Pearl Izumi USA 1886 Prairie Way Louisville, CO 80027 RE: The tariff classification and country of origin marking of cycling shorts from China Dear Mr. Packard: In your letter dated March 17, 2017, you requested a ruling regarding the country of origin marking for imported cycling shorts. A sample, marked with the country of origin, has been submitted for our review. The sample will be returned to you under separate cover. The submitte sample, item 1121612 - Women·s Elite Pursuit Short, is a pair of women’s cycling shorts. The garmenent is composed 66 % nylon and 34 % elastane knit fabric. The shorts extend to the mid-thigh area and contain a padded chamois sewn into the crotch. The padding is bulky and the garment is impractical for everyday use and will only be worn while cycling. The applicable subheading for item 1121612 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Women’s or girls’." The rate of duty is 14.9 percent ad valorem. In your letter, you stated you would like to include a small tag on the chamois in the colors of the Italian flag. The garment will include the fabric label indicating the product is “Made in China.” The chamois is manufactured by T.M.F. in Italy and sent to the factory in China to be sewn in to the cycling short. 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. The cycling shorts will be marked on inside back waistband with a fabric label containing the words “Made in China.”, the fiber contents, RN number and care instructions. The chamois will contain a small sewn-in tag with the colors of the Italy flag. 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. 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. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears. The fabric label, which is marked "Made in China" in close proximity to the sewn-in tag with colors of the Italy flag, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. 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 https://hts.usitc.gov/current. 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 Rosemarie Hayward via email at rosemariecasey.hayward@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division