NY B84235 - Country of origin marking of two women's woven garments - United States International Trade Commision Rulings

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NY B84235

May 9, 1997

MAR-2 RR:NC:TA:360 B84235

CATEGORY: MARKING

Ms. Michelle Davis
Circle International
3275 Alum Creek Drive
Suite 200
Columbus, OH 43207

RE: Country of origin marking of two women's woven garments

Dear Ms. Davis:

This is in response to your letter dated April 1, 1997, forwarded to this office from our Headquarters office on April 10, 1997, requesting a ruling on whether the proposed marking of only one garment of a two piece style is an acceptable country of origin marking for both imported garments. An unmarked sample was submitted with your letter for review. The sample will be returned to you, as requested,

The submitted sample, designated as the Mia Dress, consists of two garments, a dress and a dress liner, made from 100 percent polyester woven fabric. The classification of these garments was provided in NY B82921 dated March 21, 1997. The outer dress is made from a sheer printed material which for modesty purposes requires the wearer to wear an opaque liner or slip. The liner is a solid color which coordinates with the dress. The two garments are not attached to each other in any fashion but will be sold together at retail as one unit on a single hanger. There is no indication, however, that the liner is intended to be worn exclusively with the dress. As the liner is of a solid color, it could readily be worn with other dresses. Both garments are made in Korea.

You request that due to the sheer nature of the outer dress that the requirement that both pieces be marked to indicate the
country of origin be satisfied by marking only the dress liner with the country of origin. Neither of the submitted garments is marked to indicate the country of origin nor have you supplied any information on how you intend the garments to be marked.

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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

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.

Your proposal to mark only the imported liner does not meet the requirement that each garment be individually marked with the country of origin and is not an acceptable form of marking for
the imported Mia Dress. Without a sample of the garments with the label affixed, no determination can be made as to whether your intended marking of the imported garments is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. An appropriate marking in accordance with T.D. 54640(6) would be a fabric label, indicating the country of origin, sewn on the inside center of the neck midway between the shoulder seams or in that immediate area for each garment.

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. The applicable regulations under the Textile Fiber Products Identification Act, while stated somewhat differently, are similar regarding placement of information on each garment. Rule 15(b) provides that each textile fiber product with a neck shall have the label affixed to the inside center of the neck. Rule 16 specifies that a textile article's country of origin is a required item of information which shall be set out on the same side of the label as the other required information, and must be clearly legible and readily accessible to the prospective purchaser.

In addition, the Textile Fiber Products Identification Act has specific labeling requirements for fiber content and care instructions. Questions concerning these requirements should be addressed to the Federal Trade Commission. You may address your questions as to whether the proposed marking satisfies such requirements to the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508.

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 and Apparel Branch

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