Ohzehn Textiles
DEFINITION

What Is HTS Classification?

HTS stands for Harmonized Tariff Schedule. It is the US government's standardized classification system for every imported product. Every apparel garment imported into the United States is assigned a 10-digit HTS code at the time of customs entry. That code determines the duty rate, the country-specific surcharges (including Section 301), and the documentation requirements.

Misclassification is the most common preventable cost overrun in apparel import. A wrong HTS code can over-pay duty by 10 to 30 percent, or under-pay and trigger a CBP penalty proceeding.

How HTS codes are structured

An HTS code reads left to right, narrowing from category to specific:

  1. First 2 digits (Chapter): Major category. Chapters 61 (knitted apparel), 62 (woven apparel), 63 (other made-up textile articles) cover almost all garment imports.
  2. Digits 3-4 (Heading): Subcategory. For example, 6109 within Chapter 61 covers T-shirts, singlets, tank tops, and other vests, knitted or crocheted.
  3. Digits 5-6 (Subheading): Material specification. For example, 6109.10 covers garments of cotton.
  4. Digits 7-8 (US tariff line): Further specificity. For example, 6109.10.00 covers T-shirts of cotton, knitted.
  5. Digits 9-10 (Statistical suffix): Used for trade statistics tracking; does not change duty rate.

A complete HTS code for a cotton women's T-shirt might be 6109.10.0040.

Why classification is technical

Two garments that look almost identical can fall under different HTS codes. Examples:

  1. Knitted vs woven construction. A cotton button-down shirt knitted on a circular machine falls under Chapter 61. The same cotton button-down woven on a loom falls under Chapter 62. Duty rates differ.
  2. Fabric weight thresholds. Some HTS codes distinguish between garments under or over a specific fabric weight in g/m2 (GSM). A 200 GSM polo can be a different code than a 250 GSM polo.
  3. Fiber composition rules. A "50% cotton, 50% polyester" blend can fall into a different code than "60% cotton, 40% polyester." The CBP rule for blends is that the predominant fiber by weight determines classification, with specific tie-breaker rules at exact 50/50.
  4. Gender and size. Adult women's, adult men's, infant, and small-children's apparel sit in different HTS subheadings.
  5. Garment function. A "sports shirt" and a "dress shirt" can be different codes despite similar appearance, depending on the specific cut and fabric.

How to find the right HTS code

Three resources, in order of authority:

  1. CBP's official HTS search tool at hts.usitc.gov. Free, authoritative, but assumes you can read tariff law.
  2. A licensed customs broker. Most US apparel importers retain a broker for entry filing. Brokers should classify your goods correctly. Verify their classifications periodically.
  3. CBP Customs Rulings Online Search System (CROSS). A free database of past CBP classification rulings. Find a ruling that matches your garment and you have precedent.

For novel or unusual garments, brands can request a Binding Ruling from CBP. The ruling specifies the exact HTS code that applies. Binding rulings take 30 to 60 days but provide legal protection against future classification disputes.

What misclassification costs

Three failure modes:

  1. Over-classification (paying too much duty). No CBP penalty, but the brand loses margin permanently. Recovery is possible within 5 years through Section 514 protests, but most brands never file.
  2. Under-classification (paying too little duty). CBP detects this on audit. The brand owes back duty plus interest plus a penalty (typically 2 to 4x the under-paid amount for negligent classification). Habitual under-classification can result in customs-broker license revocation.
  3. Wrong country-of-origin combined with wrong HTS code. Can trigger fraud charges under 19 U.S.C. § 1592. Penalties scale to the value of the goods involved.

HTS classification for the most common apparel categories

For quick orientation (always verify with a broker):

  1. Cotton T-shirts and knit tops: 6109.10
  2. Synthetic-fiber T-shirts and knit tops: 6109.90
  3. Cotton woven shirts (men's): 6205.20
  4. Cotton woven shirts (women's): 6206.30
  5. Cotton sweatshirts / hoodies: 6110.20
  6. Cotton trousers and pants (women's): 6204.62
  7. Activewear leggings (synthetic): Often classified under 6104.63 or 6104.69 depending on construction.
  8. Cotton denim jeans (women's): 6204.62.40
  9. Swimwear (women's, synthetic): 6112.41
  10. Down-filled outerwear: Chapter 62, specific to fiber composition and construction.

Why HTS classification matters for landed cost

The HTS code drives three of the largest cost components of an imported garment:

  1. Base duty rate. Ranges from 0 to 32 percent depending on category.
  2. Section 301 China surcharge. Stacked on top of base duty; rate varies by HTS list.
  3. Documentation requirements. Some HTS codes trigger additional certification requirements (e.g., wool fiber affidavits, down feather certificates).

A 1-digit error in classification can move a garment from a 16 percent total duty to a 32 percent total duty. On a $5 FOB garment, that is $0.80 per unit, or $8,000 on a 10,000-unit order.

Related terms

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