THE COUNTRY OF ORIGIN MARKING OF GIRL’S REVERSIBLE GARMENTS.

N185057 October 4, 2011 MAR-2 OT:RR:NC:N3:358 CATEGORY: MARKING Ms. Jennifer Scott Expeditors International 21318 64th Avenue South Kent, WA 98032 RE: THE COUNTRY OF ORIGIN MARKING OF GIRL’S REVERSIBLE GARMENTS. Dear Ms. Scott This is in response to your letter dated September 12, 2011 on behalf of your client Lululemon Athletica Inc., requesting a ruling on the proposed country of origin marking for imported girl’s tank tops and shorts. Three marked samples were submitted with your letter for review. Sample #1 is a girl’s knit polyester yoga tank top. The reversible garment has different colored piping when reversed inside out. The garment has a label sewn onto the neckline. The folded over tag contains the country of origin, fiber contents, RN number and care instructions, however, this information is on the interior side of the label and is not on the visible side of the label. Sample #2 is a girl’s knit polyester yoga tank top. The reversible garment has different colored piping when reversed inside out. The garment has a label sewn onto the right side seam near the bottom. The folded over tag contains the country of origin, fiber contents, RN number and care instructions, however, this information is on the interior side of the label and is not on the visible side of the label. Sample #3 is a pair of girl’s knit polyester yoga shorts. The reversible garment has different locations for the “Lulu” symbol when reversed inside out. The garment has a label sewn into a pocket on the waist band. The tag contains the country of origin, fiber contents, RN number and care instructions. The label is visible when pulled out of the pocket. 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. 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 U.S. is able to find the marking easily and read it without strain. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. In T.D. 54640(6), Customs ruled that shirts, blouses and sweaters 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. Nevertheless, Customs has allowed some leeway for reversible garments that are otherwise conspicuously, permanently and legibly marked in accord with 19 U.S.C. §1304 and 19 CFR 134. See Headquarters Ruling Letter (HRL) 732975, dated March 13, 1990, (reversible tank tops designed to be worn with either side out). Because the tank top is reversible, there is no tag sewn into the garment. A hangtag is attached to the neck area containing the country of origin, fiber contents, RN number and laundering information. The proposed marking of imported shorts, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported shorts. The proposed marking of imported tank tops, as described above, is not conspicuously marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported tank tops. 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 “Consumer Protection” and then on “Business Information” and then on “Clothing and Textiles”). This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Bruce Kirschner at (646) 733-3048. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division