HQ 0730962 - Country of origin marking requirements for T-shirts - United States International Trade Commision Rulings

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HQ 730962
November 2, 1988

MAR 2-05 CO:R:C:V 730962 LR

CATEGORY: MARKING

Steven L. Hess, President
L.S.J. America, Inc.
318 West 39th Street
New York, New York 10018

RE: Country of origin marking requirements for T-shirts

Dear Mr. Hess:

This is in reply to your letter of November 20, 1987, concerning the country of origin marking requirements for T- shirts which you plan to have assembled in the Dominican Republic.

FACTS:

Your company plans to import T-shirts assembled in the Dominican Republic from presumedly American-made components under item 807.00, Tariff Schedules of the United States, (TSUS). You propose to mark the country of origin on a label sewn into the shirt's neck which will read "LSJ AMERICA," below which will be printed "MADE IN U.S.A." on one line and "ASSEMBLED IN DOMINICAN REPUBLIC" on another line.

ISSUE:

Whether a T-shirt assembled in the Dominican Republic from American-made components, and imported under item 807.00, TSUS, can be labeled "LSJ AMERICA MADE IN U.S.A. ASSEMBLED IN DOMINICAN REPUBLIC"?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires 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 the English name of the country of origin of the article.

Pursuant to section 10.22, Customs Regulations (19 CFR 10.22), assembled articles entitled to an exemption under item 807.00, TSUS, are considered products of the country of assembly for purposes of the country of origin marking requirements of 19 U.S.C. 1304. If an imported assembled article is made entirely of American-made materials, the U.S. origin of the material may be disclosed by using a legend such as "Assembled in from material of U.S. origin," or a similar phrase.

In this case, as provided in 19 CFR 10.22, for purposes of 19 U.S.C. 1304, the country of origin of the sample T-shirt is the Dominican Republic, the country of assembly.

HOLDING:

In view of the fact that the Dominican Republic is the country of origin of the imported T-shirt, the label "LSJ AMERICA MADE IN U.S.A. ASSEMBLED IN DOMINICAN REPUBLIC" does not comply with the requirements of 19 U.S.C. 1304 and 19 CFR 10.22.

Sincerely,

Marvin M. Amernick

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