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January 5, 1999

MAR-2 RR:NC:3:TA: 355 D85104

CATEGORY: MARKING

Mr. Daniel T. Petrosini
Alpha International
40 Parker Rd., Suite 201
Elizabeth, NJ 07207

RE: The country of origin marking of a man’s woven shirt.

Dear Mr. Petrosini:

This is in response to your letter dated December 10, 1998 on behalf of your client, Ben Sherman, Ltd.,requesting a ruling on whether the proposed marking on the front bottom of the shirt sample submitted is an acceptable country of origin marking for the imported shirt. A marked sample was submitted with your letter for review. As requested your sample is being returned to you.

A sample of a man’s woven shirt with a full frontal opening was submitted. The shirts will be imported on hangers and retailed on hangers.

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.

Customs has ruled in T.D. 54640 that shirts must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner. Consequently your proposed marking, with the country of origin label on the front bottom of the shirt, is not acceptable. The shirt must be marked in the nape of the neck or in that immediate area.

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 labelling 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 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 Gerard Shea at 212-466-5878.

Sincerely,

Robert B. Swierupski
Director,

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