Ms. Nina Zampini
Reitmans (Canada) Limited
250 Sauvé Street West
Montréal, QC H3L 1Z2
Date of issuance of ruling: November 4, 2016
This is in response to your request for an advance ruling on the tariff classification of Ladies knitted upper garment, style A02-79616U. This product is manufactured by/exported from Ningbo Yeeshing Garment Co. Ltd., Ningbo, China.
|Effective Date:||November 4, 2016|
Based on a review of the technical design documents provided, the product, referred to as “style A02-79616U” is a ladies knitted upper garment made of 95% viscose and 5% spandex. It is a long sleeveless vest with a full-length opening in the front without any type of closure. The garment features a 2” large self-folded band neckline, two front side slits pockets, and two 18 inch slits at the hem of each side seam. It has a 48” length at back which extends down below the knees and can be worn over light clothing such as a shirt or a blouse.
Analysis and Justification
The long, knitted, sleeveless vest is characterized as being a cardigan or similar article and consequently satisfies the terms of heading 61.10.
Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Explanatory Notes to the Harmonized Commodity Description and Coding System.
General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the heading and any relative Section and Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.
The knitted vest is classified under tariff classification number 6110.30.00.82 of the Customs Tariff. This classification is in accordance with General Interpretative Rule 1 and 6 of the Harmonized System.
This ruling has been issued under paragraph 43.1(1)(c) of the Customs Act and will be honoured by the CBSA for future importations of the goods specified, provided the material facts and circumstances remain as originally presented; all conditions in the ruling have been met; the ruling has not been modified, revoked, revised, or cancelled; and the Customs Tariff legislation has not changed. Should there be a change in the material facts or circumstances pertaining to the goods, you must notify the CBSA as soon as possible. You may request that the advance ruling be modified or revoked as of the date of the change.
Importers should quote the advance ruling number at the time of importation in either the description field of the B3 entry document or on the Canada Customs Invoice. Exporters or producers should quote the advance ruling number on the Certificate of Origin or commercial invoice accompanying the goods.
Should you disagree with this advance ruling, you may file a dispute notice under subsection 60(2) of the Customs Act within 90 days of the date of issuance. Please see the procedures outlined in Appendix C of the CBSA's Memorandum D11-11-3, Advance Rulings for Tariff Classification.
This advance ruling is considered "reason to believe" for the purposes of section 32.2 of the Customs Act and as described in Memorandum D22-1-1, Administrative Monetary Penalty System.
All D-Memoranda referenced in this letter may be accessed on the CBSA website.
Consent to the Public Release of the Advance Ruling
As per your consent statement, we will release this advance ruling to the public, in both official languages, in accordance with the procedures described in Memorandum D11-11-3.
Manager, Tariff Policy Unit 'B'
Trade Policy Division
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