N352158

N352158 September 3, 2025 CLA-2-61:OT:RR:NC:N3:356 CATEGORY: Classification TARIFF NO.: 6109.10.0012; 9820.11.12; 9903.01.25 Lorra Jackson SanMar 22833 SE Black Nugget Road, Suite 130 Issaquah, WA 98029 RE: The tariff classification and eligibility under the United States-Caribbean Basin Trade Partnership Act of 2000 (CBTPA) of men’s T-shirts from Haiti Dear Ms. Jackson: In your letter dated August 7, 2025, you requested a ruling on the tariff classification and eligibility under the CBTPA of men’s T-shirts from Haiti. Your sample will be retained in our office. CLASSIFICATION: Style PCTBD542025 is a men’s T-shirt constructed from lightweight, 100% cotton jersey knit fabric. The garment features a rib knit crew neckline; short, hemmed sleeves; and a straight, hemmed bottom. Style PCTBD542025 will be imported in sizes small - 6XL. Although each size is constructed from tubular knit fabric, you state that due to the larger dimensions of sizes 5XL and 6XL, the tubular fabric of the bodies of these sizes must first be cut open. Therefore, Sizes 5XL and 6XL will feature side seams. The applicable subheading for Style PCTBD542025 will be 6109.10.0012, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of cotton: Men’s or boys’: Other T-shirts: Men’s. The general rate of duty will be 16.5 percent ad valorem. CBTPA - MANUFACTURING OPERATIONS: Your request also concerns the eligibility of Style PCTBD542025 under the CBPTA under the following manufacturing scenarios: Scenario 1: Cotton yarns are wholly formed in the United States and exported to Honduras. In Honduras, the yarns are knit into jersey fabric for the body and sleeves, and rib knit fabric for the neckband. The fabrics are dyed, and the neckband fabric is cut to form the neckband. The body and sleeve fabric and the neckband are exported to Haiti. In Haiti, the body and sleeve fabric is cut into components, and all components are sewn and assembled into the finished garment using thread of unidentified origin. A label of unidentified origin is attached. You state that the thread and label will not exceed 25 percent of the cost of the components of the assembled article. The finished garments are exported directly from Haiti to the United States. Scenario 2: Cotton yarns are wholly formed in the United States and exported to the Dominican Republic. In the Dominican Republic, the yarns are knit into jersey fabric for the body and sleeves, and rib knit fabric for the neckband. The fabrics are dyed, and the neckband fabric is cut to form the neckband. The body and sleeve fabric and the neckband are exported to Haiti. In Haiti, the body and sleeve fabric is cut into components, and all components are sewn and assembled into the finished garment using thread of unidentified origin. A label of unidentified origin is attached. You state that the thread and label will not exceed 25 percent of the cost of the components of the assembled article. The finished garments are exported directly from Haiti to the United States. Scenario 3: Yarns are wholly formed in Honduras, Guatemala, or El Salvador and exported to the Dominican Republic. In the Dominican Republic, the yarns are knit into jersey fabric for the body and sleeves, and rib knit fabric for the neckband. The fabrics are dyed, and the neckband fabric is cut to form the neckband. The body and sleeve fabric and the neckband are exported to Haiti. In Haiti, the body and sleeve fabric is cut into components, and all components are sewn and assembled into the finished garment using thread of unidentified origin. A label of unidentified origin is attached. You state that the thread and label will not exceed 25 percent of the cost of the components of the assembled article. The finished garments are exported directly from Haiti to the United States. Scenario 4: Yarns are wholly formed in a country in Asia and exported to the Dominican Republic. In the Dominican Republic, the yarns are knit into jersey fabric for the body and sleeves, and rib knit fabric for the neckband. The fabrics are dyed, and the neckband fabric is cut to form the neckband. The body and sleeve fabric and the neckband are exported to Haiti. In Haiti, the body and sleeve fabric is cut into components, and all components are sewn and assembled into the finished garment using thread of unidentified origin. A label of unidentified origin is attached. You state that the thread and label will not exceed 25 percent of the cost of the components of the assembled article. The finished garments are exported directly from Haiti to the United States. Scenario 5: Yarns are wholly formed in Honduras, Guatemala, or El Salvador and exported to Honduras. In Honduras, the yarns are knit into jersey fabric for the body and sleeves, and rib knit fabric for the neckband. The fabrics are dyed, and the neckband fabric is cut to form the neckband. The body and sleeve fabric and the neckband are exported to Haiti. In Haiti, the body and sleeve fabric is cut into components, and all components are sewn and assembled into the finished garment using thread of unidentified origin. A label of unidentified origin is attached. You state that the thread and label will not exceed 25 percent of the cost of the components of the assembled article. The finished garments are exported directly from Haiti to the United States. Scenario 6: Yarns are wholly formed in a country in Asia and exported to Honduras. In Honduras, the yarns are knit into jersey fabric for the body and sleeves, and rib knit fabric for the neckband. The fabrics are dyed, and the neckband fabric is cut to form the neckband. The body and sleeve fabric and the neckband are exported to Haiti. In Haiti, the body and sleeve fabric is cut into components, and all components are sewn and assembled into the finished garment using thread of unidentified origin. A label of unidentified origin is attached. You state that the thread and label will not exceed 25 percent of the cost of the components of the assembled article. The finished garments are exported directly from Haiti to the United States. CBTPA - LAW AND ANALYSIS: The CBTPA provides certain specified trade benefits for countries of the Caribbean region. The Act provides for duty-free treatment for certain textile and apparel articles that meet the requirements set forth in Section 211 of the CBTPA (amended 213(b) of the Caribbean Basin Economic Recovery Act (CBERA), codified at 19 U.S.C. 2703(b)). A country’s eligibility for benefits under the CBTPA is contingent upon its designation as a beneficiary country by the President of the United States. In addition, the United States Trade Representative (USTR) must issue a determination, published in the Federal Register, that the beneficiary country has taken the measures required by the Act to implement and follow, or is making substantial progress toward implementing and following, certain customs procedures, drawn from Chapter 5 of the North American Free Trade Agreement (NAFTA), that allow the United States to verify the origin of products. Once both of these have occurred, a beneficiary country is entitled to the preferential treatment provided for by the CBTPA. The provisions implementing the textile provisions of the CBTPA are contained, for the most part, in Subchapter XX, Chapter 98, HTSUS (two provisions may be found in subheading 9802.00.80, HTSUS). Pursuant to U.S. Note 1 to Subchapter XX, Chapter 98, HTSUS, Haiti is a beneficiary country under the CBTPA. Further, U.S. Note 5 to Subchapter XX, Chapter 98, HTSUS, provides as follows: Articles that undergo production in a CBTPA beneficiary country and a former CBTPA beneficiary country. (a) For purposes of determining eligibility of an article for preferential treatment under this note references to— (i) a “CBTPA beneficiary country” shall be considered to include any former CBTPA beneficiary country, and (

The CBTPA provides certain specified trade benefits for countries of the Caribbean region. The Act provides for duty-free treatment for certain textile and apparel articles that meet the requirements set forth in Section 211 of the CBTPA (amended 213(b) of the Caribbean Basin Economic Recovery Act (CBERA), codified at 19 U.S.C. 2703(b)). A country’s eligibility for benefits under the CBTPA is contingent upon its designation as a beneficiary country by the President of the United States. In addition, the United States Trade Representative (USTR) must issue a determination, published in the Federal Register, that the beneficiary country has taken the measures required by the Act to implement and follow, or is making substantial progress toward implementing and following, certain customs procedures, drawn from Chapter 5 of the North American Free Trade Agreement (NAFTA), that allow the United States to verify the origin of products. Once both of these have occurred, a beneficiary country is entitled to the preferential treatment provided for by the CBTPA. The provisions implementing the textile provisions of the CBTPA are contained, for the most part, in Subchapter XX, Chapter 98, HTSUS (two provisions may be found in subheading 9802.00.80, HTSUS). Pursuant to U.S. Note 1 to Subchapter XX, Chapter 98, HTSUS, Haiti is a beneficiary country under the CBTPA. Further, U.S. Note 5 to Subchapter XX, Chapter 98, HTSUS, provides as follows: Articles that undergo production in a CBTPA beneficiary country and a former CBTPA beneficiary country. 

(a) For purposes of determining eligibility of an article for preferential treatment under this note references to— (i) a “CBTPA beneficiary country” shall be considered to include any former CBTPA beneficiary country, and (ii) CBTPA beneficiary countries shall be considered to include former CBTPA beneficiary countries, if the article, or a good used in the production of the article, undergoes production in a CBTPA beneficiary country.