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Section XI
Textiles and Textile Articles

Notes

1.

This Section does not cover the following:

(a)

Animal brush making bristles or hair (heading 05.02); horsehair or horsehair waste (heading 05.11);

(b)

human hair or articles of human hair (heading 05.01, 67.03 or 67.04), excluding filtering or straining cloth of a kind commonly used in oil presses or the like (heading 59.11);

(c)

cotton linters and other vegetable materials of Chapter 14;

(d)

asbestos of heading 25.24 or articles of asbestos and other products of heading 68.12 or 68.13;

(e)

articles of heading 30.05 or 30.06; yarn used to clean between the teeth (dental floss), in individual retail packages, of heading 33.06;

(f)

sensitised textiles of headings 37.01 to 37.04;

(g)

monofilament of which any cross-sectional dimension exceeds 1 mm or strip or and the like (for example, artificial straw) of an apparent width exceeding 5 mm, of plastics (Chapter 39), or plaits or fabrics or other basket ware or wickerwork of such monofilament or strip (Chapter 46);

(h)

woven, knitted or crocheted fabrics, felt or non-wovens, impregnated, coated, covered or laminated with plastics, and articles thereof, of Chapter 39;

(ij)

woven, knitted or crocheted fabrics, felt or non-wovens, impregnated, coated, covered or laminated with rubber, and articles thereof, of Chapter 40;

(k)

hides or skins with their hair or wool on (Chapter 41 or 43) or articles of furskin, artificial fur or articles thereof, of heading 43.03 or 43.04;

(l)

articles of textile materials of heading 42.01 or 42.02;

(m)

products and articles of Chapter 48 (for example, cellulose wadding);

(n)

footwear or parts of footwear, gaiters or leggings or similar articles of Chapter 64;

(o)

hair nets and other headgear or parts thereof of Chapter 65;

(p)

goods of Chapter 67;

(q)

abrasive-coated textile material (heading 68.05) and also carbon fibres or articles of carbon fibres of heading 68.15;

(r)

glass fibres or articles of glass fibres (excluding embroidery with glass thread on a visible ground of fabric) (Chapter 70);

(s)

articles of Chapter 94 (for example, furniture, bedding, luminaires and lighting fittings);

(t)

articles of Chapter 95 (for example, toys, games, sports requisites and nets);

(u)

articles of Chapter 96 (for example, brushes, travel sets for sewing, slide fasteners, typewriter ribbons, sanitary towels (pads) and tampons, napkins (diapers) and napkin liners); or

(v)

articles of Chapter 97.

2.

.

(A)

Goods classifiable in Chapters 50 to 55 or in heading 58.09 or 59.02 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by mass over any other single textile material.

When no one textile material predominates by mass, the goods are to be classified as if consisting wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration.

(B)

For the purposes of the above rule:

(a)

gimped horsehair yarn (heading 51.10) and metallised yarn (heading 56.05) are to be treated as a single textile material the mass of which is to be taken as the aggregate of the masses of its components; for the classification of woven fabrics, metal thread is to be regarded as a textile material;

(b)

the choice of appropriate heading shall be effected by determining FIRST the Chapter and THEN the applicable heading within that Chapter, disregarding any materials not classified in that Chapter;

(c)

when both Chapters 54 and 55 are involved with any other Chapter, Chapters 54 and 55 are to be treated as a single Chapter;

(d)

where a Chapter or a heading refers to goods of different textile materials, such materials are to be treated as a single textile material.

(C)

The provisions of paragraphs (A) and (B) above apply also to the yarns referred to in Note 3, 4, 5 or 6 below.

3.

.

(A)

For the purposes of this Section, and subject to the exceptions in paragraph (B) below, yarns (single, multiple (folded) or cabled) of the following descriptions are to be treated as "twine, cordage, ropes and cables":

(a)

Of silk or waste silk, measuring more than 20 000 dtex;

(b)

of man-made fibres (including yarn of two or more monofilaments of Chapter 54), measuring more than 10 000 dtex;

(c)

of true hemp or flax:

(i)

polished or glazed, measuring 1 429 dtex or more; or

(ii)

not polished or glazed, measuring more than 20 000 dtex;

(d)

of coir, consisting of three or more plies;

(e)

of other vegetable fibres, measuring more than 20 000 dtex; or

(f)

reinforced with metal thread.

(B)

Exceptions:

(a)

Yarn of wool or other animal hair and paper yarn (excluding yarn reinforced with metal thread);

(b)

man-made filament tow of Chapter 55 and multifilament yarn without twist or with a twist of less than 5 turns per metre of Chapter 54;

(c)

silk worm gut of heading 50.06, and monofilaments of Chapter 54;

(d)

metallised yarn of heading 56.05; yarn reinforced with metal thread is subject to paragraph (A)(f) above; and

(e)

chenille yarn, gimped yarn and loop wale-yarn of heading 56.06.

4.

.

(A)

For the purposes of Chapters 50, 51, 52, 54 and 55, the expression "put up for retail sale" in relation to yarn means, subject to the exceptions in paragraph (B) below, yarn (single, multiple (folded) or cabled) put up:

(a)

on cards, reels, tubes or similar supports, of a mass (including support) not exceeding:

(i)

85 g in the case of silk, waste silk or man-made filament yarn; or

(ii)

125 g in the cases;

(b)

in balls, hanks or skeins of a mass not exceeding:

(i)

85 g in the case of man-made filament yarn of less than 3 000 decitex, silk or silk waste;

(ii)

125 g in the case of all other yarns of less than 2 000 decitex; or

(iii)

500 g in other cases;

(c)

in hanks or skeins comprising several smaller hanks or skeins separated by dividing threads which render them independent one of the other, each of uniform mass not exceeding:

(i)

85 g in the case of silk, waste silk or man-made filaments; or

(ii)

125 g in other cases.

(B)

Exceptions:

(a)

Single yarn of any textile material, except:

(i)

single yarn of wool or fine animal hair, unbleached; and

(ii)

single yarn of wool or fine animal hair, bleached, dyed or printed, measuring more than 5 000 decitex;

(b)

multiple (folded) or cabled yarn, unbleached:

(i)

of silk or waste silk, however put up; or

(ii)

of other textile material except wool or fine animal hair, in hanks or skeins:

(c)

multiple (folded) or cabled yarn of silk or waste silk, bleached, dyed or printed, measuring 133 decitex or less; and

(d)

single, multiple (folded) or cabled yarn of any textile material:

(i)

in cross-reeled hanks or skeins; or

(ii)

put up on supports or in some other manner indicating its use in the textile industry (for example, on cops, twisting mill tubes, pirns, conical bobbins or spindles, or reeled in the form of cocoons for embroidery looms).

5.

For the purposes of headings 52.04, 54.01 and 55.08, the expression "sewing thread" means multiple (folded) or cabled yarn:

(a)

put up on supports (for example, reels, tubes) of a mass (including support) not exceeding 1 000 g;

(b)

dressed for use as sewing thread; and

(c)

with a final "Z" twist.

6.

For the purposes of this Section, the expression "high tenacity yarn" means yarn having a tenacity, expressed in cN/tex (centinewtons per tex), greater than the following:

Single yarn of nylon or other polyamides, or of polyesters ..................................... .............. 60 cN/tex

Multiple (folded) or cabled yarn of nylon or other polyamides, of polyesters ...............................53 cN/tex

Single, multiple (folded) or cable yarn of viscose rayon .............................................. ......... 27 cN/tex.

7.

For the purposes of this Section, the expression "made up" means:

(a)

cut otherwise than into squares or rectangles;

(b)

produced in the finished state, ready for use (or merely needing separation by cutting dividing threads) without sewing or other working (for example, certain dusters, towels, table cloths, scarf squares, blankets);

(c)

cut to size and with at least one heat-sealed edge with a visibly tapered or compressed border and the other edges treated as described in any other subparagraph of this Note, but excluding fabrics the cut edges of which have been prevented from unravelling by hot cutting or by other simple means;

(d)

hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unravelling by whipping or by other simple means;

(e)

cut to size and having undergone a process of drawn thread work;

(f)

assembled by sewing, gumming or otherwise (excluding piece goods consisting of two or more lengths of identical material joined end to end and piece goods composed of two or more textiles assembled in layers, whether or not padded);

(g)

knitted or crocheted to shape, whether presented as separate items or in the form of a number of items in the length.

8.

For the purposes of Chapters 50 to 60:

(a)

Chapters 50 to 55 and 60 and, except where the context otherwise requires, Chapters 56 to 59 do not apply to goods made up within the meaning of Note 7 above; and

(b)

Chapters 50 to 55 and 60 do not apply to goods of Chapter 56 to 59.

9.

The woven fabrics of Chapters 50 to 55 include fabrics consisting of layers of parallel textile yarns superimposed on each other at acute or right angles. These layers are bonded at the intersections of the yarns by an adhesive or by thermal bonding.

10.

Elastic products consisting of textile materials combined with rubber threads are classified in this Section.

11.

For the purposes of this Section, the expression "impregnated" includes "dipped".

12.

For the purposes of this Section, the expression "polyamides" includes "aramids".

13.

For the purposes of this Section and, where applicable, throughout the Nomenclature, the expression "elastomeric yarn" means filament yarn, including monofilament, of synthetic textile material, other than textured yarn, which does not break on being extended to three times its original length and which returns, after being extended to twice its original length, within a period of five minutes, to a length not greater than one and a half times its original length.

14.

Unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale.

For the purposes of this Note, the expression "textile garments" means garments of headings 61.01 to 61.14 and headings 62.01 to 62.11.

15.

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 fibre or fabric, are classified in their respective headings in Section XI provided that they retain the essential character of the goods of this Section.

Subheading Notes

1.

In this Section and, where applicable, throughout this Schedule, the following expressions have the meanings hereby assigned to them:

(a)

UNBLEACHED YARN:

Yarn which:

(i)

has the natural colour of its constituent fibres and has not been bleached, dyed (whether or not in the mass) or printed; or

(ii)

is of indeterminate colour ("grey yarn"), manufactured from garnetted stock.

Such yarn may have been treated with a colourless dressing or fugitive dye (which disappears after simple washing with soap) and, in the case of man-made fibres, treated in the mass with delustring agents (for example, titanium dioxide).

(b)

BLEACHED YARN:

Yarn which:

(i)

has undergone a bleaching process, is made of bleached fibres or, unless the context otherwise requires, has been dyed white (whether or not in the mass) or treated with a white dressing;

(ii)

consists of a mixture of unbleached and bleached fibres; or

(iii)

is multiple (folded) or cabled and consists of unbleached and bleached yarns.

(c)

COLOURED (DYED OR PRINTED) YARN

Yarn which:

(i)

is dyed (whether or not in the mass) (excluding white or in a fugitive colour), or printed or made from dyed or printed fibres;

(ii)

consists of a mixture of dyed fibres of different colours or of a mixture of unbleached or bleached fibres with coloured fibres (marl or mixture yarns), or is printed in one or more colours at intervals to give the impression of dots;

(iii)

is obtained from slivers or rovings which have been printed, or

(iv)

is multiple (folded) or cabled and consists of unbleached or bleached yarn and coloured yarn.

The above definitions also apply, mutatis mutandis, to monofilament and to strip or the like of Chapter 54.

(d)

UNBLEACHED WOVEN FABRIC:

Woven fabric made from unbleached yarn and which has not been bleached, dyed or printed. Such fabric may have been treated with a colourless dressing or a fugitive dye.

(e)

BLEACHED WOVEN FABRIC:

Woven fabric which:

(i)

has been bleached or, unless the context otherwise requires, dyed white or treated with a white dressing, in the piece;

(ii)

consists of bleached yarn; or

(iii)

consists of unbleached and bleached yarn.

(f)

DYED WOVEN FABRIC: Woven fabric which:

(i)

is dyed a single uniform colour (excluding white) (unless the context otherwise requires) or has been treated with a coloured finish (excluding white) (unless the context otherwise requires), in the piece; or

(ii)

consists of coloured yarn of a single uniform colour.

(g)

WOVEN FABRIC OF YARNS OF DIFFERENT COLOURS:

Woven fabric (excluding printed woven fabric) which:

(i)

consist of yarns of different colours or yarns of different shades of the same colour (excluding the natural colour of the constituent fibres);

(ii)

consists of unbleached or bleached yarn and coloured yarn; or

(iii)

consists of marl or mixture yarns.

(In all cases, the yarn used in selvedges and piece ends is not taken into consideration.)

(h)

PRINTED WOVEN FABRIC:

Woven fabric which has been printed in the piece, whether or not made from yarns of different colours.

(The following are also regarded as printed woven fabrics: woven fabrics bearing designs made, for example, with a brush or spray gun, by means of transfer paper, by flocking or by the batik process.)

The process of mercerisation does not affect the classification of yarns or fabrics within the above categories.

The definitions at (g) to (h) apply, mutatis mutandis, to knitted or crocheted fabrics.

(ij)

PLAIN WEAVE:

A fabric construction in which each yarn of the weft passes alternately over and under successive yarns of the warp and each yarn of the warp passes alternately over and under successive yarns of the weft.

2.

(A)

Products of Chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under Note 2 to this Section for the classification of a product of Chapters 50 to 55 or of heading 58.09 consisting of the same textile materials.

(B)

For the application of this rule:

(a)

where appropriate, only the part which determines the classification under General Note A.3. shall be taken into account;

(b)

in the case of textile products consisting of a ground fabric and a pile or looped surface no account shall be taken of the ground fabric;

(c)

in the case of embroidery of heading 58.10 and goods thereof, only the ground fabric shall be taken into account. However, embroidery without visible ground, and goods thereof, shall be classified with reference to the embroidering threads alone.

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 the following:

(a)

goods of heading 62.12;

(b)

worn clothing or other worn articles of heading 63.09; or

(c)

orthopaedic appliances, surgical belts, trusses or the like (heading 90.21).

3.

For the purposes of headings 61.03 and 61.04:

(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 (excluding swimwear), 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, colour 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 fulfil 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 (excluding suits and articles of heading 61.07, 61.08 or 61.09), 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 (excluding swimwear), a skirt or a divided skirt.

All of the components of an ensemble must be of the same fabric construction, style, colour 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 61.12.

4.

Headings 61.05 and 61.06 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 stitches per linear centimetre in each direction counted on an area measuring at least 10 cm x 10 cm. Heading 61.05 does not cover sleeveless garments.

"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.

5.

Heading 61.09 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 61.11:

(a)

the expression "babies' garments and clothing accessories" means articles for young children of a body height not exceeding 86 cm;

(b)

articles which are, prima facie, classifiable both in heading 61.11 and in other headings of this Chapter are to be classified in heading 61.11.

7.

For the purposes of heading 61.12, "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, wind-cheater, wind-jacket 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 colour; they also must be of corresponding or compatible size.

8.

Garments which are, prima facie, classifiable both in heading 61.13 and in other headings of this Chapter, excluding heading 61.11, are to be classified in heading 61.13.

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 apply where 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.

Heading CD Description Unit General EU EFTA SADC MERCOSUR AfCFTA
61.12 Track suits, ski suits and swimwear, knitted or crocheted:
6112.1 - Track suits:
6112.11 2 -- Of cotton u 45% 27% 20% free 45% 45%
6112.12 9 -- Of synthetic fibres u 45% 27% 20% free 45% 45%
6112.19 3 -- Of other textile materials u 45% 27% 20% free 45% 45%
6112.20 0 - Ski suits u 40% 24% 20% free 40% 40%
6112.3 - Men's or boys' swimwear:
6112.31 1 -- Of synthetic fibres u 40% 24% 20% free 40% 40%
6112.39 2 -- Of other textile materials u 40% 24% 20% free 40% 40%
6112.4 - Women's or girls' swimwear:
6112.41 6 -- Of synthetic fibres u 40% 24% 20% free 40% 40%
6112.49 7 -- Of other textile materials u 40% 24% 20% free 40% 40%

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