NY E88378 - THE COUNTRY OF ORIGIN MARKING OF INFANT AND TODDLER APPAREL - United States International Trade Commision Rulings

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NY E88378

November 4, 1999

MAR-2 RR:NC:TA:358 E88378

CATEGORY: MARKING

Elsa Gustafson
Product Development Manager
Chelsea & Scott, Ltd.
75 Albrecht Drive
Lake Bluff, IL 60044

RE: THE COUNTRY OF ORIGIN MARKING OF INFANT AND TODDLER APPAREL

Dear Ms. Gustafson:

This is in response to your letter dated November 1, 1999, requesting a ruling on whether the proposed marking of four styles of infant and toddler apparel are acceptable country of origin marking for imported garments. Samples of each item were submitted with your letter for review.

Style #06758 is a swim diaper for infant boys and girls. The diaper has a two-layer construction. The outer layer is made of woven cotton fabric. The lining is made of polyester knit fabric that is coated with polyurethane. The item has elasticized waist and leg openings.

Style #06759 is a pair of swimtrunks for toddler boys. The swimtrunks have a two-layer construction. The outer layer is made of woven cotton fabric. The lining is made of polyester knit fabric that is coated with polyurethane. The lining has elasticized waist and leg openings.

Style #06761 is a cross-back cover-up pinafore. The pinafore is made of woven cotton fabric and has eyelet embroidery trim around the edges. It is sized for infant and toddler girls. It has two snaps on each shoulder strap for adjustment and no other means of closure.

Style #06760 is a solarweave tee shirt. The tee shirt is made of cotton knit fabric. It is sized for infant and toddler boys and girls. The fabric is treated with UV protectant coating which is invisible to the eye.

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.

All wearing apparel items must be marked with the name of the country of origin by means of a fabric label unless a precedent exists which has ruled in favor of another form of marking. In the case of garments for the torso, country of origin marking must be placed on the “inside center of the neck midway between the shoulder seams or in that immediate area” as ruled by Customs in T.D. 54640(6)(1958). Based on a ruling dated August 18, 1971, published in abstract form as T.D.71-264(3), Customs held that the “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.”

For purposes of this ruling, we assume the swim diaper and swimtrunks will be marked by means of a sewn-in fabric label affixed to the inside of the waistband. For purposes of this ruling, we further assume that the cross-back pinafore and tee shirt will be marked by means of a sewn-in fabric label affixed to the inside center of the neck midway between the shoulder seams or in that immediate area.

The proposed marking of the imported swim diaper, swimtrunks, cross-back pinafore and tee shirt, as described above, are conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are acceptable country of origin marking for the imported infant and toddler apparel.

To ensure compliance with the Textile Fiber Products Identification Act (15 U.S.C. 70) which is applicable to textile products, we suggest that you contact the Federal Trade Commission (FTC) for information regarding guidelines for the use of the proposed fiber contents and care instructions. Customs does not issue rulings or decisions interpreting FTC guidelines. The address of the FTC is:

Federal Trade Commission
6th and Pennsylvania, NW,
Washington, D.C. 20580

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 Bruce Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director,

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