THE COUNTRY OF ORIGIN MARKING OF MEN’S UNDERPANTS FROM TAIWAN.

N210177 April 13, 2012 MAR-2 OT:RR:NC:3:348 CATEGORY: MARKING Mr. Jacob Hirschi Chapman Innovations 343 West 400 South Salt Lake City, UT 84101 RE: THE COUNTRY OF ORIGIN MARKING OF MEN’S UNDERPANTS FROM TAIWAN. Dear Mr. Hirschi: This is in response to your letter dated Mar 19, 2012, requesting a ruling on whether the proposed marking men’s underpants is an acceptable country of origin marking for men’s underpants imported fromTaiwan. A marked sample was not submitted with your letter for review. 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. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177). In addition, textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs and Border Protection does not issue rulings. Information on these labeling requirements may be obtained at the Federal Trade Commission website. 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. 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 Rosemarie Hayward at (646) 733-3064. Sincerely, Thomas J. Russo Director National Commodity Specialist Division