THE COUNTRY OF ORIGIN MARKING OF A GIRL’S KNIT PULLOVER

N278154 August 26, 2016 MAR-2 OT:RR:NC:N3:358 CATEGORY: MARKING Ms. Linda M. Rasco Metro Customs Brokers 1 Lincoln Boulevard, Suite 202 Rouses Point, New York 12979 RE: THE COUNTRY OF ORIGIN MARKING OF A GIRL’S KNIT PULLOVER Dear Ms. Rasco: This is in response to your letter dated July 12, 2016, requesting a ruling on behalf of your client, Peekaboo Beans Inc., on whether the proposed marking by means of a hanging textile label is an acceptable country of origin marking for an imported girl’s pullover. A marked sample was submitted with your letter for review. The submitted sample, the Wonderland Tee, Style G306, is a girl’s pullover made from 95 percent cotton and 5 percent spandex knitted fabric. The pullover has a round neck; long, hemmed sleeves with thumbholes; a hemmed bottom; two front panels and two back panels. The two panels on each side are sewn together horizontally with a slightly flared lower panel. A fabric label hangs about three inches below the rear center neckline from two braided yarns of which are sewn into the neckline hem. The fabric label is approximately 2 ? x 3 inches and includes the importer’s name, country of origin (China), size, fiber content, and washing instructions. There are two small, approximately ½ X ½ inch, labels sewn into the left shoulder seam that contain the size, name of importer and a date. Threaded through the small labels in the shoulder seam is a string holding a cardboard retail hangtag which states, “Soft, removable label. We say no to itchy necks and yes to PLAY!” 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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), requires that the marking be conspicuous enough that an ultimate purchaser will be able to find the marking easily and read it without strain. The degree of permanence of the marking should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling. In Treasury Decision (T.D.) 54640(6) (July 15, 1958), Customs determined that, in order to be conspicuous within the meaning of 19 U.S.C. §1304, the country of origin marking of wearing apparel such as shirts, blouses and sweaters must be accomplished by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner. The decision also states that button tags, string tags and other hang tags, paper labels and other similar methods of marking will not be considered acceptable after the effective date of October 1, 1958. T.D. 54640(6) does not provide an exception for infant or children’s wearing apparel. See Headquarters Ruling Letter (HRL) 735359. It is the opinion of this office that the marking of the pullover does not meet the requirements of T.D. 54640(6). The hanging fabric label is not permanently affixed to the inside of the garment. The proposed marking does not satisfy 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 items. It should be noted that textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning these labeling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking satisfies such requirements. 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 Kim Wachtel at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division