The country of origin marking of hotel and spa robes

N113540 July 29, 2010 MAR-2:OT:RR:NC:TA:361 CATEGORY: MARKING Mr. Robert E. Haspray Deringer Logistics Consulting Group 1 Lincoln Blvd., Suite 225 Rouses Point, NY 12979 RE: The country of origin marking of hotel and spa robes Dear Mr. Haspray: This is in response to your letter dated June 30, 2010 requesting a ruling on behalf of your client Majestic International on the proper country of origin marking of hotel or spa robes. Your inquiry concerns the marking requirements for robes used by clients at spas or staying at hotels. The robes will stay at the hotel or spa. The items are woven and knit robes for men, women and children. You state the robes will be packaged inside a polybag which is marked with the country of origin. A permanent label disclosing the fabric content, care instructions, manufacturer’s name and the country of origin will be sewn into the side seam of each robe. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. §1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. The "ultimate purchaser" of an imported article is broadly defined in 19 U.S.C. §1304(a) as the last person in the United States who will receive the article in the form in which it was imported. It is not feasible to state who will be the ultimate purchaser in every circumstance however in this case the client is the ultimate purchaser. As provided in section 134.41(b), Customs Regulations (19 C.F.R.§134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. For wearing apparel having a neck, Customs ruled that the garments must be marked by means of a fabric label sewn on the inside center of the neck midway between the shoulder seams or in that immediate area, TD 54640 (6). An exception to the country of origin marking requirements in the neck area cannot be granted in this situation. Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on "For Business" and then on "Textile, Wool, Fur"). This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. Part 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Peggy Fitzgerald at 646-733-3052. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division