The country of origin marking of men’s reversible knit pullovers.

N123321 October 15, 2010 CLA-2-61:OT:RR:NC:WA:356 CATEGORY: MARKING Ms. Donna Shira Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-five Broad Street New York, NY 10004 RE: The country of origin marking of men’s reversible knit pullovers. Dear Ms. Shira: This is in response to your letter dated September 13, 2010, submitted on behalf of Sanmar Corporation, requesting a ruling concerning the acceptable placement of a country of origin label on certain men’s knit garments that will be imported into the United States. A sample garment, was submitted with your inquiry and will be returned, as you requested. The submitted sample, Style T550, is a men’s 100% polyester, finely knit pullover garment. The garment is reversible and is constructed from two free-hanging layers, one blue and one white, that are sewn together at the neckline, the armholes, and the lower side seams. Style T550, is sleeveless with oversized armholes; a low, round front neckline; a high rear neckline; and a straight, hemmed bottom. . The garment does not have any marking in the neck area but does have a sewn-on label on the lower left front panel on the blue side of the garment, approximately three inches from the bottom hem. You state that this is a mock-up paper label and that the actual imported garment will have a woven brand name label sewn to this area. The mock-up label measures approximately two and three-quarter inches long by one and one-quarter inches high. The left half of the label shows the brand name and the right half of the label shows the garment size in large, black letters on a white background. Beneath the size, the washing instructions, the style number and the country of origin, as “Made in China,” are shown in black, plain block letters on a white background. 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 United States 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. As provided in section 134.41 (b), Customs Regulations (19 CFR 134.41 (b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the United States is able to find the marking easily and read it without strain. Section 134.1(d), Customs Regulations (19 CFR 134.1(d)) defines the “ultimate purchaser” generally as the last person in the United States who will receive the article in the form in which it is imported. Since the garments are intended for retail sale, the retail customer is considered the ultimate purchaser for the purpose of country of origin marking. In T.D. 54640(6), Customs determined that country of origin marking appearing on the inside center of the neck of shirts, blouses, coats, sweaters, etc., mid-way between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304. Some leeway has been given in the case of reversible garments where the use of a sewn-in label in the neck would damage the garment. In those cases, a hangtag at the neck, legibly and conspicuously showing the country of origin, was considered acceptable country of origin marking as long as the hangtag is securely fastened to the garment. You state, however, that the importer in this instance sells the garments primarily to screen printers and embroiderers who embellish the garments before sale to the consumer. Consequently, you do not believe that affixing a hangtag to the garment in the neck area would be feasible due to the processes that the garment may be subjected to prior to retail sale. You state that a hangtag at the neck would most likely not remain attached during the screen printing or embroidery processes. In HQ 561255 of January 29, 1999, Headquarters stated that a permanently affixed origin label sewn to the inside side seam approximately 2 ½ inches from the bottom of the garment would be acceptable marking on a reversible garment provided that the marking is legible, conspicuous, and permanent.. In this instance, the garment is permanently marked by means of a sewn in label on the lower left front panel approximately three inches from the bottom hem. We find that the marking of this reversible garment as described above is permanent, legible and conspicuous and satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. You also state that the garment will have a permanent woven label close to the bottom in the side seam between the two fabric layers, containing the fiber content, RN number, and washing instructions. Regarding this label, which contains information required by the Textile Fiber Products Identification Act (15 USC 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission, we suggest you contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 for advice concerning the requirements of this Act. Information may also be obtained at the Federal Trade Commission website, www.ftc.gov. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Mary Ryan at 646-733-3271. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division