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NY B83458

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April 15, 1997

MAR-2 RR:NC:TA:360 B83458

CATEGORY: MARKING

Mr. Dean Samson
RC Custms Services Ltd.
#104-120 176th Street
Surrey, B.C. Canada V4P 2K2

RE: The country of origin marking of apparel

Dear Mr. Samson:

This is in response to your letter dated March 10, 1997, requesting a ruling on whether the proposed marking "assembled in Mexico of Canadian components" is an acceptable phrase for use in the country of origin marking of an article of imported apparel.

You have not provided any specific information concerning your inquiry. You have not provided a marked sample; nor described how the garments will be marked; nor stated what type of apparel will be imported nor described how the garments will be assembled. Since apparel articles have specific rules as to the type and placement of labels, we cannot address your inquiry except in general terms.

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. Part 134, Cusoms Reglations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Concerning the method of marking of assembled articles, section 134.43(e), Customs Regulations [19 CFR 134.43(e)]
provides:

Where an article is produced as a result of an assembly operation and the country of origin of such article is determined under this chapter to be the country in which the article was finaly assembled, such article may be marked, as appropriate, in a manner such as the following:

(1) Assembled in (country of final assembly; (2) Assembled in (country of final assembly) from components of (name of country or countriies of all components); or
(3) Made in, or product of, (country of final assembly).

Accordingly, the country of origin indicator, "Assembled in " may be used for the marking of imported articles only when the country of origin of that article is determined to be the country in which the article was finally assembled. The phrase you suggest, "assembled in Mexico of Canadian components", therefore, may be acceptable if all of the components are of Canadian origin, and the final assembly of the goods in Mexico determines the country of origin.

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. 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.

As provided in section 134.41(b), Customs Regulations [19 CFR 134.41(b)], requires that the marking be conspicuous enough that an ultimate purchaser will be able to find the marking easily and read it without strain.

The degree of permanence of the marking should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling.

As noted above, without a sample of the garment with the label affixed, no determination can be made as to whether the proposed marking of imported apparel is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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 Patricia Schiazzano at 212-466-5866.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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