THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN VESTS.

N236728 January 19, 2013 MAR-2 OT:RR:NC:N3:356 CATEGORY: MARKING Ms. Cynthia Kilgore Lanier Clothes 999 Peachtree Street Suite 500 Atlanta, GA 30309 RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN VESTS. Dear Ms. Kilgore: This is in response to your letter dated December 13, 2012, requesting a ruling on whether the proposed location of the country of origin label is an acceptable country of origin marking for imported men’s woven vests. Two marked samples were submitted with your letter and will be returned. The first garment, Style 13-440221, is a men’s vest constructed from four panels sewn together lengthwise. The two front panels are of 65% polyester, 35% rayon woven fabric and the two back panels are of woven acetate fabric. The garment has a V-neckline, oversized armholes, a full front opening with five button closures, pointed front panels, a full lining of woven acetate fabric, two welt pockets at the waist, and an adjustable acetate fabric belt in the rear with a metal buckle. There are no labels in the center rear neckline of the garment. A paper label is tacked to the outside, bottom left front panel stating the brand name, the size, the style number and the color of the garment. A woven brand name label is sewn to the inside, lower left front panel. Another label, sewn to the inside left side seam, shows the size, the fiber content, and the country of origin as “Made in Vietnam.” This information is printed in black, plain block letters, approximately one-sixteenth of an inch high, on a white background. The label is sewn so that the printing is oriented sideways to the reader. The second garment, Model BS09, is a men’s vest constructed from four panels sewn together lengthwise. The two front panels are of 100% wool, woven fabric and the two back panels are of woven acetate fabric. The garment has a V-neckline, oversized armholes, a full front opening with five button closures, pointed front panels, a full lining of woven acetate fabric, two welt pockets at the waist, and an adjustable acetate fabric belt in the rear with a metal buckle. The woven brand name label is sewn to the center rear neckline of the garment. A paper label is tacked to the outside, bottom left front panel stating the size, the model number, the fiber content, and the country of origin as “Made in Mexico” in black, plain block letters, approximately one-sixteenth of an inch high, on a white background. Another label, sewn to the inside left side seam, shows the size, the fiber content, and the country of origin as “Made in Mexico.” This information is printed in black, plain block letters, approximately one-sixteenth of an inch high, on a white background. The label is sewn so that the printing is oriented sideways to the reader. 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. 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. The proposed marking of the imported vests, as described above, is not conspicuous and does not constitute an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304. Textile fiber products imported into the United States must also be labeled in accordance with 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 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 Mary Ryan at (646) 733-3271. Sincerely, Thomas J. Russo Director National Commodity Specialist Division