The appropriate location for country of origin marking of a women’s 100% acrylic knit sweater from              China.

N341736 August 23, 2024 MAR-2:OT:RR:NC:N1:359 CATEGORY: Marking Brandon Mueller Powertex Group HWY 93Eau Claire, WI 54701 RE: The appropriate location for country of origin marking of a women’s 100% acrylic knit sweater from              China. Dear Mr. Mueller: This is in response to your letter dated July 31, 2024, submitted on behalf of the importer of record, Barrett Firearms, Murfreesboro, Tennessee which requested a ruling to determine whether a proposed location of a country of origin marking label is acceptable for an imported women’s 100% acrylic knit sweater. A marked sample was not submitted with your letter for review. You submitted a description of the proposed location of the marking label. You stated in an email you sent to Parisa Ghazi, Headquarters Attorney Advisor, that the marking label was intended to be used on a women’s 100% acrylic knit sweater. You proposed to have the country of origin label in the side seam of the garment. 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. In T.D. 54640(6), Customs determined that wearing apparel such as shirts, blouses, coats, sweaters, etc. must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label 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. Consequently, the proposed location of the country of origin label does not satisfy 19 C.F.R. §134.41(b). The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Renee Orsat at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division