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Chapter 61: Articles of apparel and clothing accessories, knitted or crocheted

Code
Description

Chapter Notes

CHAPTER 61: ARTICLES OF APPAREL AND CLOTHING ACCESSORIES, KNITTED OR CROCHETED

Notes
  • 1. This chapter applies only to made up knitted or crocheted articles.
  • 2. This chapter does not cover:
    • (a) Goods of heading 6212;
    • (b) Worn clothing or other worn articles of heading 6309;
    • (c) Orthopedic appliances, surgical belts, trusses or the like (heading 9021).
  • 3. For the purposes of headings 6103 and 6104:
    • (a) The term "suit" means a set of garments composed of two or three pieces made up, in respect of their outer surface, in identical fabric and comprising:
      • - one suit coat or jacket the outer shell of which, exclusive of sleeves, consists of four or more panels, designed to cover the upper part of the body, possibly with a tailored waistcoat in addition whose front is made from the same fabric as the outer surface of the other components of the set and whose back is made from the same fabric as the lining of the suit coat or jacket; and
      • - one garment designed to cover the lower part of the body and consisting of trousers, breeches or shorts (other than swim- wear), a skirt or a divided skirt, having neither braces nor bibs.
      All of the components of a "suit" must be of the same fabric construction, color and composition; they must also be of the same style and of corresponding or compatible size. However, these components may have piping (a strip of fabric sewn into the seam) in a different fabric.
      If several separate components to cover the lower part of the body are presented together (for example, two pairs of trousers or trousers and shorts, or a skirt or divided skirt and trousers), the constituent lower part shall be one pair of trousers or, in the case of women's or girls' suits, the skirt or divided skirt, the other garments being considered separately.
      The term "suit" includes the following sets of garments whether or not they fulfill all the above conditions:
      • - morning dress, comprising a plain jacket (cutaway) with rounded tails hanging well down at the back and striped trousers;
      • - evening dress (tailcoat), generally made of black fabric, the jacket of which is relatively short at the front, does not close and has narrow skirts cut in at the hips and hanging down behind;
      • - dinner jacket suits, in which the jacket is similar in style to an ordinary jacket (though perhaps revealing more of the shirt front), but has shiny silk or imitation silk lapels.
    • (b) The term "ensemble" means a set of garments (other than suits and articles of heading 6107, 6108 or 6109), composed of several pieces made up in identical fabric, put up for retail sale, and comprising:
      • - one garment designed to cover the upper part of the body, with the exception of pullovers which may form a second upper garment in the sole context of twin sets, and of waistcoats which may also form a second upper garment, and
      • - one or two different garments, designed to cover the lower part of the body and consisting of trousers, bib and brace overalls, breeches, shorts (other than swimwear), a skirt or a divided skirt.
      All of the components of an ensemble must be of the same fabric construction, style, color and composition; they also must be of corresponding or compatible size. The term "ensemble" does not apply to track suits or ski-suits of heading 6112.
  • 4. Headings 6105 and 6106 do not cover garments with pockets below the waist, with a ribbed waistband or other means of tightening at the bottom of the garment, or garments having an average of less than 10 stiches per linear centimeter in each direction counted on an area measuring at least 10 cm by 10 cm. Heading 6105 does not cover sleeveless garments.
    β€œShirts” and β€œshirt-blouses” are garments designed to cover the upper part of the body, having long or short sleeves and a full or partial opening starting at the neckline. β€œBlouses” are loose-fitting garments also designed to cover the upper part of the body but may be sleeveless and with or without an opening at the neckline. β€œShirts”, β€œshirt-blouses” and β€œblouses” may also have a collar.
  • 5. Heading 6109 does not cover garments with a drawstring, ribbed waistband or other means of tightening at the bottom of the garment.
  • 6. For the purposes of heading 6111:
    • (a) The expression "babies' garments and clothing accessories" means articles for young children of a body height not exceeding 86 centimeters;
    • (b) Articles which are, prima facie, classifiable both in heading 6111 and in other headings of this chapter are to be classified in heading 6111.
  • 7. For the purposes of heading 6112, "ski-suits", means garments or sets of garments which, by their general appearance and texture, are identifiable as intended to be worn principally for skiing (cross-country or alpine). They consist either of:
    • (a) A "ski overall," that is, a one-piece garment designed to cover the upper and the lower parts of the body; in addition to sleeves and a collar the ski overall may have pockets or footstraps; or
    • (b) A "ski ensemble," that is, a set of garments composed of two or three pieces, put up for retail sale and comprising:
      • - one garment such as an anorak, windbreaker or similar article, closed by a slide fastener (zipper), possibly with a waistcoat in addition, and
      • - one pair of trousers whether or not extending above waist level, one pair of breeches or one bib and brace overall.
      The "ski ensemble" may also consist of an overall similar to the one mentioned in paragraph (a) above and a type of padded, sleeveless jacket worn over the overall.
      All the components of a "ski ensemble" must be made up in a fabric of the same texture, style and composition whether or not of the same color; they also must be of corresponding or compatible size.
  • 8. Garments which are, prima facie, classifiable both in heading 6113 and in other headings of this chapter, excluding heading 6111, are to be classified in heading 6113.
  • 9. Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not applywhere the cut of the garment clearly indicates that it is designed for one or other of the sexes.
    Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.
  • 10. Articles of this chapter may be made of metal thread.
Additional U.S. Note
  • 1. For the purpose of heading 6111, the term "sets" means two or more different garments of headings 6111, 6209 or 6505 imported together, of corresponding sizes and intended to be worn together by the same person.
Statistical Notes
  • 1. Merchandise entered together and classified for customs purposes as an ensemble, under subheadings 6103.21.00, 6103.22.00, 6103.23.00, 6103.29.10, 6104.2l.00, 6104.22.00, 6104.23.00 or 6104.29.10, or as a track suit under subheadings 6112.11.00, or 6112.12.00 shall be reported statistically as separate articles under the most appropriate 10-digit reporting number within the same 8-digit tariff subheading which provides for the ensemble or track suit, warm-up or jogging suit.
  • 2. For purposes of headings 6103, 6104 and 6112, statistical provisions for shirts refer to garments provided for in headings 6105, 6106 and 6110, other than sweaters, pullovers, vests or cardigans referred to in statistical note 3 below.
  • 3. For purposes of this chapter, statistical provisions for sweaters include garments, whether or not known as pullovers, vests or cardigans, the outer surfaces of which are constructed essentially with 9 or fewer stitches per 2 centimeters measured in the direction the stitches were formed, and garments, known as sweaters, where, due to their construction, the stitches on the outer surface cannot be counted in the direction the stitches were formed.
  • 4. Certain garments of chapter 61 assembled abroad from components formed and cut in the United States which, after assembly have been subject to bleaching, garment dyeing or perma-pressing abroad, may be eligible for entry under a Special Access Regime. Eligibility must be established under a bilateral agreement, and entry must be in compliance with procedures established by the Committee for the Implementation of Textile Agreements. The importer is required to identify such garments on the entry summary or withdrawal forms by placing the symbol "H" as a prefix to the appropriate 10-digit chapter 61 tariff number.
  • 5. Certain garments of chapter 61, manufactured (cut and assembled) from fabric formed in the United States, may be eligible for entry under the Outward Processing Program for textiles and apparel. Eligibility must be in compliance with procedures established by the Committee for the Implementation of Textile Agreements (CITA). The importer is required to identify such garments on the entry summary or withdrawal forms by placing the symbol "S" as a prefix to the appropriate 10-digit chapter 61 tariff number.
  • 6. For the purposes of statistical reporting under heading 6110, the term "knit to shape" means garments knit to shape on flat-knitting machines, having a stitch count exceeding 9 stitches per 2 centimeters, but less than or equal to 18 stitches per 2 centimeters, measured on the outer surfaces of the fabric, in the direction on which the stitches are formed. For purposes of this statistical note, in the instances where both knit and purl stitches are usually counted, the purl stitches will be disregarded, and only the knit stitches on the outer surface of the fabric will be counted. All of the garment’s components, which include, but are not limited to, collars, plackets, cuffs, waistbands and pockets, are knit to shape. All of the components are assembled by looping and linking, including the side seams.
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