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NY D84281




December 8, 1998

CLA-2-61:RR:NC:WA:361 D84281

CATEGORY: MARKING

Mr. Asher Rubinstein
Grunfeld, Desiderio, Lebowitz & Silverman LLP Counselors at Law
245 Park Avenue 33rd Floor
New York, NY 10167-3397

RE: The appropriate country of origin marking of a pair of women's woven trousers from China.

Dear Mr. Rubinstein:

In your letter dated October 30, 1998, you requested a ruling on the country of origin marking for a pair of women's trousers to be imported by Mast Industries. The sample is being returned, as you requested.

The trousers contain two labels. The first, sewn onto the center back of the waistband is the brand label containing the words "Abercrombie & Fitch" on the first line and "reliable outdoor goods" on the second. The second label is sewn into the front waistband seam, approximately four inches to the (wearer's) left of the center. The label contains the following information in English on the front of the label:
100% Cotton
Made in China
8
See over for care

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, part 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.

In T.D. 71-264(3) Customs ruled that "marking of trousers, slacks, jeans and similar wearing apparel must be marked by means of a permanent label affixed in a conspicuous location on the garment, such as the inside of the waistband." (Emphasis added). In this case, the label is sewn into the waistband, the label is permanent, in a conspicuous location, and the country of origin marking is in lettering of adequate size.

The proposed marking of imported trousers , 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 trousers.

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 labeling 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.

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

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

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.

Sincerely,

Robert B. Swierupski
Director,

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