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NY D84368





November 12, 1998

CLA-2-61:RR:NC:WA:361 D84368

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0030

Mr. Eric Jones
C-Air International, Inc.
11222 S. La Cienega Blvd. Suite 100
Inglewood, CA 90304

RE: The classification and appropriate country of origin marking of a woman's knit robe from the United Arab Emirates.

Dear Mr. Jones:

In your letter dated November 2, 1998, you requested a classification ruling on behalf of Nitches Inc. The sample is being returned, as you requested.

Style DEV 8904 is a robe constructed from 60% cotton, 40% polyester waffle knit fabric. The knee length wrap robe features a full front opening, 3/4 length sleeves, two patch pockets at the waist, and a belt closure.

The applicable subheading for the robe will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's bathrobes ...knitted or crocheted, of cotton. The rate of duty will be 8.8 percent ad valorem.

The robe falls within textile category designation 350. Based upon international textile trade agreements, products of the United Arab Emirates are subject to a visa requirement.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

You have also requested a ruling on the appropriate country of origin marking for this garment. You have indicated that the garment will be screen printed "Made in UAE." That information will appear approximately five inches below the neckline, centered in the back of the garment, below a screen printed design. The robe will also have a label, sewn into the side seam approximately five inches from the bottom of the garment showing the fiber content, care information, RN number, and the phrase "Made in the United Arab Emirates."

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.

The screen printed marking meets the requirement for permanence and conspicuous placement, but fails in being legible and in the use of the English name of the country. Concerning the legible aspect of the marking, the screen printing has been done on a waffle knit fabric. Since the fabric is uneven, the printing is not clear and sharp, but is somewhat blurred.

There is also the question as to whether UAE is acceptable for the United Arab Emirates. Part 134.45 of the Customs Regulations (19 CFR 134.45) states:
(1) Except as otherwise provided in paragraph (a)(2) of this section, the markings required by this part shall include the full English name of the country of origin, unless another marking to indicate the English name of the country of origin is specifically authorized by the Commissioner of Customs. Notice of acceptable markings other than the full English name of the country of origin shall be published in the Federal Register and the Customs Bulletin. Since UAE is not the full English name, but an abbreviation, it is not acceptable for country of origin marking.

The robe contains another label, one which is sewn into the side seam of the garment as noted above. This label meets the following requirements of the marking statute: it is permanent, legible, and contains the complete English name of the country. However, it fails to meet the requirement that it be in a conspicuous location. As provided in part 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. The location of the label - five inches above the bottom of the garment in a side seam, is not one which the ultimate purchaser would find easily. As indicated above, the normal location for the country of origin marking for this type of garment is in the nape of the neck, mid way between the shoulders. Therefore, this label also fails to meet the requirements for country of origin marking as required by part 134 of the Customs Regulations.

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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