The tariff classification of a men’s woven shirt from China

N285902 June 29, 2017 CLA-2-62:OT:RR:NC:N3:356 CATEGORY: Classification TARIFF NO.: 6205.90.4040 Ms. Amalia Go Accolade Group 66 West Beaver Creek Road Richmond Hill, Ontario L4B IG5 Canada RE: The tariff classification of a men’s woven shirt from China Dear Ms. Go: In your letter dated April 28, 2017, you requested a tariff classification ruling. Our response was delayed due to laboratory analysis. Your sample was destroyed during this analysis and cannot be returned. Style HR79 is a men’s shirt, submitted in size Large, which you state is constructed of 55% linen, 45% cotton, woven fabric. Style HR79 features a self-fabric button-down point collar, a left-over-right, full front opening with seven button closures, two chest pockets with flaps that are each secured by a hidden one-button closure, a rear yoke, short, hemmed sleeves, and a curved, hemmed bottom.  U.S. Customs and Border Protection laboratory analysis has determined that the fiber content of Style HR79 is 62.8% flax and 37.2% cotton. The applicable subheading for Style HR79 will be 6205.90.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Men’s or boys’ shirts: Of other textile materials: Other: Other. The duty rate will be 2.8% 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/current. We note that the submitted sample is 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 United States 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 United States is able to find the marking easily and read it without strain. 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., midway between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304. Textile fiber products imported into the United States must also be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. We suggest you contact the Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 for information 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 Maryalice Nowak at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division