N307960 N3 Ruling Active

The tariff classification of a woman’s pullover from China

Issued December 16, 2019 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 6110.30.3059, 9903.88.15

Headings: 9903, 6110

Product description

As requested, your sample will be returned. Model # S20032 – TE Ashanti Top, is a woman’s pullover constructed from 95 percent polyester and 5 percent spandex knit fabric. The outer surface of the garment’s fabric measures more than nine stitches per two centimeters in the direction the stitches were formed. The pullover features a notch front neckline without closure, a high rear neckline, ¾ length hemmed sleeves and a hemmed bottom. The garment extends to below the waist.

CBP rationale

The applicable subheading for model # S20032 – TE Ashanti Top will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con.

Full text

N307960 December 16, 2019 CLA-2-61:OT:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6110.30.3059; 9903.88.15 Mr. Rikki Thomas Martin Colony Brands, Inc. 1112 7th Avenue Monroe, WI 53566 RE: The tariff classification of a woman’s pullover from China Dear Mr. Martin: In your letter dated November 25, 2019, you requested a tariff classification ruling. As requested, your sample will be returned. Model # S20032 – TE Ashanti Top, is a woman’s pullover constructed from 95 percent polyester and 5 percent spandex knit fabric. The outer surface of the garment’s fabric measures more than nine stitches per two centimeters in the direction the stitches were formed. The pullover features a notch front neckline without closure, a high rear neckline, ¾ length hemmed sleeves and a hemmed bottom. The garment extends to below the waist. The applicable subheading for model # S20032 – TE Ashanti Top will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted (con.): Of man-made fibers: Other: Other: Other: Other: Women’s or girls’: Other. The rate of duty will be 32 percent ad valorem. In addition, pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6110.30.3059, HTSUS, unless specifically excluded, are subject to an additional 15 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 6110.30.3059, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 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 Renée Orsat via email at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division

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