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June 9, 1999

CLA-2-62:RR:NC:WA:360 E80802

CATEGORY: MARKING

Mr. Paul A. Barkan
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue - 33rd Floor
New York, NY 10167-3397

RE: The appropriate country of origin marking of women’s apparel from China

Dear Mr. Barkan:

In your letter dated April 19, 1999, on behalf of Victoria’s Secret Stores, you requested a ruling on the country of origin marking for women’s pajama components and a brassiere. The samples are being returned, as you requested.

The pajama top has two labels. The first, sewn onto the center back of the neck is the pink brand label containing the words “Victoria’s Secret”. Beneath that label appears a second label which is folded back over itself and sewn in the neck. This white label, with black lettering, is clearly visible under the brand label. The front portion of the second label contains the following information in English: the country of origin, size and a VSC number. The inside of this label has the RN number, an ID number and the fiber content. The back of the label sets forth the care instructions.

The pajama bottom contains one label. It is a vertical label sewn to the center waistband and measures slightly over an inch in length and is sewn onto the center back of the waistband. The front side of the label has the brand name “Victoria’s Secret” near the top, followed by the fiber composition and the country of origin. The size and style of the garment appear near the bottom of the label. The care instructions, “VSC” number, RN number and vendor ID number appear on the reverse side of the label.

The brassiere has a pink “Victoria’s Secret” brand label which is sewn on top of a second off-pink label which is partially obscured by the brand label. The visible part of the second label displays the country of origin in black lettering. When the brand label is lifted, the front of the second label displays the fiber content in black lettering. The back of this label contains the RN number, vendor ID number and care instruction in black lettering.

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. 54640(6), Customs determined that wearing apparel such as shirts, blouses, coats, sweaters, etc. must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label 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.

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 labels are sewn into the neck area or waistband for the pajama components and is sewn to the back of the brassiere. The labels are permanent, in a conspicuous location, and the country of origin marking is in lettering of adequate size. The proposed marking of the imported apparel, 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 apparel.

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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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