United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1998 NY Rulings > NY C82733 - NY C82794 > NY C82774

Previous Ruling Next Ruling
NY C82774





January 16, 1998

MAR-2:RR:NC:TA:N3:356 C82774

CATEGORY: MARKING

Mr. Joe Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: THE COUNTRY OF ORIGIN MARKING OF MEN'S KNIT PULLOVER GARMENTS.

Dear Mr. Hoffacker:

This is in response to your letter dated December 15, 1997, on behalf of Salant Corporation, requesting a ruling on whether the proposed marking of two styles of men's knit polo-style pullover garments is an acceptable country of origin marking. Samples of both styles were submitted with your letter for review.

The first sample, which is blue in color, features a rib knit spread collar; a partial front opening with two button closures; short sleeves with rib knit cuffs; a logo on the left sleeve; and rib knit edging at the bottom of the garment.

The second sample, which is light brown in color, features a rib knit spread collar; a partial front opening with two button closures; short sleeves with rib knit cuffs; and a hemmed bottom with side slits.

On each garment, a woven fabric brand name label is sewn to the center rear, inner neckline. A second sewn-on woven fabric label is located approximately one-half inch to the left of the center label. On the blue garment, this label shows the size, the RN number, and the country of origin stated as "Made in Hong Kong". On the light brown garment, this label shows the size, the fiber content, the RN number, and the country of origin stated as "Made in/ Fabrique a Hong Kong".

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 imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article 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.

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. 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.

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. For shirts, blouses, and sweaters, Customs ruled that the garments must be marked by means of a fabric label sewn on the inside center of the neck midway between the shoulder seams or in that immediate area. TD 54640(6).

You have stated in your correspondence that the garments will be folded and displayed for retail sale on a rack or a table. When the garments are displayed for retail sale, the left-of-center origin label on both garments will be hidden by the collar and will not be visible at the rear neckline. Consequently, the proposed marking of both garments is not conspicuous and does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. This marking is not an acceptable country of origin marking for the imported garments.

In addition, the garments 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. As the label on the blue garment does not show the fiber content, we suggest that you 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 proposed marking satisfies the requirements of the Act.

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 Mary Ryan at 212-466-5877.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling