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NY A83129

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JUNE 5, 1996

MAR-2 RR:NC:WA:357 A83129

CATEGORY: MARKING

Ms. Carole J. South
Expeditors International of Washington, Inc. 3912 Lima Street
Denver, CO 80239

RE: THE COUNTRY OF ORIGIN MARKING OF JACKETS AND TROUSERS

Dear Ms. South:

This is in response to your letter dated May 2, 1996, on behalf of Stryke Boardwear, a division of Spyder Active Sports, requesting a ruling on whether proposed markings are acceptable marking for the country of origin and fiber content labels attached to imported jackets and trousers.

Four sample label arrangements representative of women's jackets and trousers and men's jackets and trousers were submitted. Each consists of a fabric label showing the company name and a design measuring approximately 3"x4" or 4"x5-1/2". These will be affixed in the neck area of the jackets or slightly below the waistband of the trousers. Attached to the bottom of each of these labels will be two other labels. The first has a row of national flags approximately 1-3/4" in total width and 7/32" in height, under which is the garment's size in each of the countries represented by the flags. Next to this label will be another label with the wording "Made in China" or "Made in Hong Kong," as appropriate, in black letters approximately 3/32" high on a white background.

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. Generally, garments having a neck should be marked in the center of the neck midway between the shoulder seams, and trousers should be marked in the waist area.

The Customs Service has previously ruled that in situations where there are national flags on products the presence of a label in an appropriate location stating that the item is "Made in" or a "Product of" the country of origin will satisfy the marking requirements under section 304, TA. Examination of the labels you submitted indicates that the marking statute is satisfied by your proposed method of marking.

You also provided fiber content and care labels with proposed locations on the garments. 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. Questions concerning fiber content labelling 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. The FTC also enforces care labelling 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 W. Raftery at 212-466-5851.

Sincerely,

Roger J. Silvestri
Director

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