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NY C81296

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November 14, 1997

MAR-2 RR:NC:TA:N3 355 C81296

CATEGORY: MARKING

Ms. Joyce Estrajch
La Strada Fashions, Inc.
930 Louis Drive,
Warminster, PA 18974

RE: THE COUNTRY OF ORIGIN MARKING OF A MAN'S SHIRT.

Dear Ms. Estrajch:

This is in response to your letter dated October 30, 1997 requesting a ruling on whether the proposed marking "Tailored in Korea" is an acceptable country of origin marking for imported shirts for men. A marked sample was submitted with your letter for review.

Style 1035 is a man's shirt with a point collar, a full frontal opening with button closures, long sleeves with button through cuffs, a one button vent above the cuffs and a breast pocket. It comes packaged in a transparent bag. On the back portion of the bag the words "Made in Korea" appear. An RN number, a warning that the bag is not a toy and an environmental statement also appear.

The shirt has a fabric label sewn into the collar midway between the shoulder seams. The label is permanent, legible and conspicuous. The fabric content , an RN number and the words "Tailored in Korea" and "Fabrique en Coree" appear on the label. To the right of the label sewn into the collar there is a care label sewn into the seam where the collar joins the shirt. The words "Tailored in Korea" and "Fabrique en Coree" appear on the care label.

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 proposed marking of imported shirts , 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 shirts.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

The shirt must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission. You should contact the Federal Trade Commission, Division of enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C.20508 for a determination as to whether the labels for the shirts satisfy the requirements of the act.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Robert B. Swierupski Director,
National Commodity

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