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NY A80400





MARCH 6, 1996

MAR-2 RR:NC:WA:5:358 A80400

CATEGORY: MARKING

Mr. Scott A. Cohn
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, NY 10167-0002

RE: THE COUNTRY OF ORIGIN MARKING OF GARMENTS IMPORTED IN UNMARKED POLYBAGS

Dear Mr. Cohn:

This is in response to your letter dated February 14, 1996, on behalf of your client Haddad Apparel Group, Ltd., requesting a ruling on whether the proposed marking of certain boys' woven garments imported in unsealed, unmarked polybags are an acceptable country of origin marking for imported apparel. Marked samples were submitted with your letter for review.

The samples submitted are Style 6E46, a two-piece nylon jacket and pants jogsuit, Style 98275M, cotton trousers, and Style 59981, a 60% cotton, 40% polyester windbreaker. The importer has advised that all unsealed polybags are intended to be disposed of after delivery to retail customers and prior to resale. The purpose of the polybags is to protect the merchandise while in transit. You submit that it is possible that some garments may be displayed at retail in unsealed polybags.

The garments themselves are properly marked with their country of origin by means of sewn-in fabric labels. The jackets feature country of origin labels on the inside center of the neck midway between the shoulder seams. The trousers feature country of origin labels on the inside waistband. All labels are conspicuous, permanent and legible.

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.

The proposed marking of imported Style 6E46, Style 98275M and Style 59981, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported boys' apparel.

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 Bruce Kirschner at 212-466-5865.

Sincerely,

Roger J. Silvestri
Director

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