Upcoming Changes to 2022 HTS: Part 5 (Textiles and Apparel)

The broadest set of changes to tariff classification in five years is set to take effect toward the end of January, as the latest set of amendments to the World Customs Organization's Harmonized System tariff nomenclature is implemented in the Harmonized Tariff Schedule of the U.S. Announced by a presidential proclamation published Dec. 28, the changes are slated to take effect 30 days after that, Jan. 27 (see 2112270032). This is the fifth part of International Trade Today's multipart summary, covering textiles and apparel of chapters 50-63.

(NOTE: Summaries of changes to other chapters will appear in upcoming issues of International Trade Today. See the annexes to the presidential proclamation, included in an International Trade Commission report, for a full list of changes. See the World Customs Organization's correlation table for a summary of changes at the six-digit level from the 2017 to the 2022 HS nomenclature, as well as short explanations of some changes. See 2201100060 for the first part of this summary, on chapters 1-14 of the tariff schedule. See 2201110039 for part two, covering chapters 15-24. No direct changes are being made to chapters 25-27. See 2201130043 for part three, covering chapters 28-38. See 2201140024 for part four, covering chapters 39-49.)

New Breakout for Aramids in Heading 5501 for Synthetic Fiber Tow

Former subheading 5501.10, which covered synthetic fiber tow, of nylon or other polyamides, is deleted, and replaced by new separate subheadings 5501.11.00 for synthetic fiber tow of aramids, and subheading 5501.19.00 for “other” synthetic fiber tow of nylon or other polyamides. Both are dutiable at 7.5%.

New Tariff Subheadings Added for Artificial Turf

New provisions are added to the tariff schedule for artificial turf under heading 5703, which covers carpets and other textile floor coverings, tufted, not knotted. The text of heading 5703 itself is modified to say the heading covers “carpets and other textile floor coverings (including turf) … .”

Subheading 5703.20 is replaced by new subheadings 5703.21 through 5703.29, which still cover carpets and floor coverings of nylon and polyamides. Likewise, subheading 5703.30 for carpets and floor coverings of other man-made textile materials is replaced by new subheadings 5703.31. through 5703.39, which still cover the same.

Nylon and other polyamides. However, tariff provisions in the new subheadings are reworked. For carpets and floor coverings of nylon or other polyamides, subheading 5703.21.00 covers “turf,” dutiable at 6.7%, while subheading 5703.29.10 covers other floor coverings, hand-hooked (5.8%) and subheading 5803.29.20 covers “other” floor coverings of nylon or polyamides, not hand hooked (6.7%).

Other man-made textiles. Likewise, for carpets and floor coverings of other man-made materials, subheading 5703.31.00 covers “turf,” dutiable at 6%, while subheading 5703.39.10 covers other floor coverings, hand-hooked (6%) and subheading 5803.39.20 covers “other” floor coverings of nylon or polyamides, not hand hooked (6%).

Worldwide Tariff Change for Cotton Terry Cloth Results in Renumbering in HTS

Six-digit tariff subheadings 5802.11 and 5802.19 for terry toweling and similar terry fabrics of cotton, unbleached and bleached, respectively, are removed from the tariff schedule. The WCO says the two subheadings are being eliminated due to a low volume of trade. However, the distinction will remain in the U.S. tariff schedule at the eight-digit level.

New six-digit subheading 5802.10 now covers terry toweling and similar terry fabrics of cotton, and is broken out into 5802.10.10 for unbleached, and 5802.10.90 for “other” (i.e., bleached).

Provision for ‘Straining Cloth’ Renamed to Include ‘Filtering Cloth’

Subheading 5911.40.00 for “straining cloth of a kind used in oil presses or the like, including that of human hair” is renamed so that it now covers “Filtering or straining cloth of a kind used in oil presses or the like, including that of human hair.” It is renumbered 5911.40.01 to reflect the change.

Section and chapter notes are amended to reflect the new language. Note 1(b) to Section XI, which includes Chapters 50-63 of the tariff schedule, is amended to say the section doesn’t cover articles of human hair, except for “filtering or straining cloth.” Note 7(a)(iii) to Chapter 59, which is renumbered note 8(a)(iii) due to an unrelated change, now says “filtering or straining cloth is among the textile products classifiable in heading 5911. Note 1(a) to Chapter 67 now says the chapter does not cover “filtering or straining cloth.”

Tariff Provisions Amended to Reflect Advances in Apparel Functions, Plastic-Laminated Fabrics

Several notes and tariff subheadings are added and amended to reflect advances in technologies related to apparel with chemical, mechanical or electronic components for added functionality, as well as to cover plastic-laminated textile fabrics.

Textiles with additional functions still classified as textiles and apparel. New note 15 to Section XI, which includes Chapters 50-63, is added to clarify that apparel incorporating non-textile components for added functionality remain classifiable as under the relevant tariff subheading for the underlying textile or apparel article. The note says:

“Subject to note 1 to section XI, textiles, garments and other textile articles, incorporating chemical, mechanical or electronic components for additional functionality, whether incorporated as built-in components or within the fiber or fabric, are classified in their respective headings in Section XI provided that they retain the essential character of the goods of this section.”

New definition, tariff provisions added for plastic-laminated fabrics. New Note 3 to Chapter 59 adds a definition for plastic-laminated textile fabrics. The note says that:

“For the purposes of heading 5903, ‘textile fabrics laminated with plastics’ means products made by the assembly of one or more layers of fabrics with one or more sheets or film of plastics which are combined by any process that bonds the layers together, whether or not the sheets or film of plastics are visible to the naked eye in the cross-section.”

The change results in the renumbering of notes 3-7 to Chapter 49 as notes 4-8.

Heading 6116, which covers knit or crocheted gloves, mittens and mitts, is also amended to provide for articles that have been laminated with plastics or rubber. The superior text to subheadings 6116.10.05 through 6616.10.95 now says those subheadings cover knit or crocheted gloves, mittens and mitts impregnated, coated, covered “or laminated with plastics or rubber.” Previously it only provided for articles impregnated, coated or covered with plastics or rubber.

Likewise, the superior text to subheadings 6113.10.13 through 6116.10.17 now provides for gloves, mitts and mittens, besides those used for hockey and other sports, that are cut and sewn from plastic laminated fabric.

New Definitions Added in Chapter 61 and 62 for ‘Shirts’ and ‘Blouses’

New language is added to note 4 to Chapter 61 to define shirts and shirt blouses. The note says. “’shirts’ and ‘shirt-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. ‘Blouses’ 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. ‘Shirts’, ‘shirt-blouses’ and ‘blouses’ may also have a collar.”

Likewise, new note 4 is added to Chapter 62 to include the same definitions of shirts, shirt-blouses and blouses. The new note to Chapter 62 also adds the following language, similar to existing language of Chapter 61 on classification of goods in headings 6105 and 6106:

“Headings 6205 and 6206 do not cover garments with pockets below the waist, with a ribbed waistband or other means of tightening at the bottom of the garment. Heading 6205 does not cover sleeveless garments.”

A trade lawyer said this change will result in higher tariffs on importers of certain blouses. Speaking during a podcast Jan. 12, Nicole Bivens Collinson of Sandler Travis said the note to Chapter 61 will mean certain garments considered to be blouses without a means of closure at the neckline will face an increase in duty from 6% up to 32%.

Headings 6201, 6202 for Jackets Restructured to Align With 6101, 6102

Tariff provisions for men’s and boys’ and women’s and girls’ jackets of headings 6201 and 6202, respectively, are reorganized so that they align with provisions for knit and crocheted jackets of headings 6101 and 6102.

Previously the Chapter 62 headings for jackets not knitted or crocheted had been organized by type of garment (i.e., whether overcoats, carcoats, capes and cloaks and similar coats, or anoraks, wind-breakers, sleeveless jackets and similar articles). Now, headings 6201 and 6202 will be organized first by the textile material of the jacket, as with knit jackets of Chapter 61, and then subdivided by jacket type.

The restructured heading 6201, for men’s and boys’ jackets, now is now divided into subheadings 6201.20 for articles of wool or fine animal hair, 6201.30 for articles of cotton, 6201.40 for articles of man-made fibers and 6201.90 for articles of other textile materials. Each of these subheadings are further subdivided into provisions for overcoats, carcoats, capes, cloaks and similar coats, and for anoraks (including ski-jackets), windbreakers and similar articles (including padded sleeveless vests). Provisions for anoraks are in turn divided into categories for recreational performance outerwear and other anoraks.

Heading 6202 for women’s or girls’ jackets is reorganized in a similar manner, with subheading 6202.20 for articles of wool or fine animal hair, 6202.30 for articles of cotton, 6202.40 for articles of man-made fibers and 6202.90 for articles of other textile materials, each in turn divided into provisions for overcoats and anoraks.

Additional note 2 to Chapter 62, which defines “water resistant” for the purposes of certain subheadings in the chapter, is revised to reflect the reorganization and renumbering of headings 6201 and 6202.

Subheadings for ‘Other’ Garments Similar to Jackets Broadened

Subheadings 6210.20 and 6210.30, which covered “other garments made of certain fabrics, of the type described in subheadings” 6201.11 to 6201.19, and 6202.11 to 6202.19, respectively, are amended so they now cover garments of the type described in those entire headings. Subheading 6202.20 now covers “other garments, of the type described in heading 6201." Subheading 6202.30 now covers “other garments, of the type described in heading 6202.”

Tariff Provisions on Tents Broadened to Cover ‘Temporary Canopies’

Heading 6306 is modified so a previous reference to “tents” now says “tents (including temporary canopies and similar articles). Likewise, the superior text to subheading 6306.22 is modified to also refer to temporary canopies and similar articles, in addition to tents.