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NY H83147




July 26, 2001

CLA-2-61:RR:NC:WA:361 H83147

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.10.0010

Mr. Eric Jones
C-Air International, Inc.
11222 S. La Cienega Blvd – Suite 100
Inglewood, CA 90304

RE: The classification and marking requirements for a woman’s knit shirt from Oman.

Dear Mr. Jones:

In your letter of June 27, 2001, you requested a ruling on the classification and appropriate country of origin marking required for a woman’s knit shirt, on behalf of Nitches Inc. The sample is being returned, as you requested.

Style 501704MV is a woman’s shirt constructed from 97% cotton, 3% spandex waffle knit fabric. The shirt has a partial placket opening with a three button right-over-left closure; a round neckline with a band collar; long sleeves with a rib knit cuff; and a plain, hemmed bottom. The knit fabric contains more than ten stitches per centimeter, in both the horizontal and vertical directions.

The applicable subheading for style 501704MV will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sshirts, knitted or crocheted: Of cotton. The rate of duty will be 20.1 percent ad valorem.

Style 501704MV falls within textile category designation 339. Based upon international textile trade agreements products of Oman are 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 have also asked whether the country of origin marking on the submitted garment is correct. 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.

Customs ruled in T.D. 54640(6) (July 15, 1958), that shirts, blouses, coats, sweaters and similar wearing apparel must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner.

The garment has a fabric label in the nape of the neck, midway between the shoulders. The label contains the phrase “Made in the Sultinate of Oman” printed on the label below the “High Sierra” trade name. This is acceptable marking, in accordance with the above requirements.

You have also asked whether the care instructions are correct. This requirement falls within the jurisdiction of the Federal Trade Commission, as do questions concerning marking under the Textile Fiber Products Identification Act (15 USC 70) and its regulations (16CFR 303). For information on these requirements, you should consult the Federal Trade Commission, Washington, D.C. 20580 for definitive guidance on this point.

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 Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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