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HQ 734954


June 14, 1993

MAR-2-05 CO:R:C:V 734954 AT

CATEGORY: MARKING

Thomas G. Travis, Esq.
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, Florida 33126-2022

RE: Country of origin marking of imported garments assembled from U.S. components and foreign thread; 19 CFR 10.22; HQ 556274

Dear Mr. Travis:

This is in response to your letter dated January 26, 1993, on behalf of The Harwood Companies ("Harwood"), requesting a ruling on an acceptable country of origin marking for imported wearing apparel from various countries.

FACTS:

You state that Harwood intends to import wearing apparel from various countries into the U.S. The garments will be assembled abroad from entirely U.S. components, except the thread which is of Costa Rican origin. You also state that the finished garments upon entry into the U.S. will be entered under subheading 9802.00.80, Harmonized Tariff Schedules of the United States ("HTSUS"), and that the cost of the thread will be properly entered as a dutiable cost element of the finished wearing apparel. Given that the completed garment will be assembled from entirely of U.S. components, except the thread from Costa Rica, you ask whether the wearing apparel can be marked "Assembled in of U.S. Components".

ISSUE:

Whether the proposed marking "Assembled in of U.S. Components" is an acceptable country of origin marking for wearing apparel assembled from U.S. components and thread of Costa Rican origin?
LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin 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. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product.

Pursuant to section 10.22 of the Customs Regulations (19 CFR 10.22), articles assembled abroad and entitled to an exemption under subheading 9802.00.80, HTSUS, are considered products of the country of assembly for the purposes of the country of origin marking requirements of 19 U.S.C. 1304. This regulation further states that if an imported assembled article is made entirely of American-made materials, the United States origin of the material may be disclosed by using a legend such as "Assembled in from material of U.S. origin," or similar phrase.

In HQ 556274 (January 17, 1992) Customs previously determined that mens' and boys' soccer shorts assembled in Mexico or Brazil from U.S. components and foreign thread which were eligible to an exemption under subheading 9802.00.80, HTSUS, could be marked "Assembled in of U.S. Components" and that it was not necessary to identify the foreign origin of the thread.

Similarly, in this case, assuming the wearing apparel is eligible for an exemption under 9802.00.80, HTSUS, marking the country of origin of the completed garments with the phrase "Assembled in of U.S. components", would be an acceptable marking under 19 U.S.C. 1304 and 19 CFR 10.22, and as in HQ 556274, it is not necessary to identify the foreign origin of the thread. However, the marking must be conspicuous, legible and permanent (factors which we can not determine in this ruling since a marked sample was not submitted for our review).

It should be noted that textile fiber products imported into the U.S. must 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. 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 for the wearing apparel satisfies such requirements. HOLDING:

The proposed country of origin marking on the imported wearing apparel, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR 10.22, provided that the garments are eligible for a duty exemption under subheading 9802.00.80 HTSUS and that the marking is conspicuous, legible and permanent. It is not necessary to identify the foreign origin "Costa Rica" of the thread.

Sincerely,

John Durant, Director
Commercial Rulings Division

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