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NY F82463

February 11, 2000

CLA-2-62:RR:NC:3:353 F82463


TARIFF NO.: 6211.32.0010

Mr. Bruce r. Kindler
Kinco Int’l., Inc.
9788 S.E. 17th Ave.
Portland, OR 97222

RE: The tariff classification of a coverall from Cambodia.

Dear Mr. Kinkler:

In your letter dated January 24, 2000, you requested a classification ruling.

The submitted photo, style #G10 is of a coverall which you state is composed of 100% denim cotton fabric. The garment will be used for industrial work and is designed with a full front zippered closure two breast pockets and an open collar. You also request the exact verbiage needed on the country of origin sewn in label.

The applicable subheading for the coverall style #G10 will be 6211.32.0010 Harmonized Tariff Schedule of the United States (HTS), which provides for “track suits, ski-suits and swimwear; other garments: Other garments, men’s or boys’: Of cotton, Coveralls, jumpsuits and similar apparel: Other: Men’s.” The duty rate will be 8.3% ad valorem.

Style #G10 falls within textile category designation 359. Based upon international textile trade agreements products of Cambodia are not subject to quota but are subject 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.

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 country of origin marking “Hong Kong”, Made in Hong Kong or “Product of Hong Kong” would be acceptable wording to indicate the country of origin.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

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.


Robert B. Swierupski

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