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HQ 561518




March 14, 2000

CLA02: RR:CR:SM 561518 MFC

CATEGORY: MARKING

TARIFF NO.: 9802.00.80, 9802.00.90

Mr. Tony Haying
Vice President
Williamson-Dickie Manufacturing Co.
P.O. Box 1779
Fort Worth, TX 76101

RE: Acceptable country of origin markings for goods entitled to subheading 9802.00.80 or 9802.00.90 treatment; 19 CFR §134.43(e)

Dear Mr. Haying:

This is in response to your letter of September 14, 1999, in which you request a ruling regarding the acceptable country of origin marking of wearing apparel that is eligible for treatment under subheading 9802.00.80 or subheading 9802.00.90, Harmonized Tariff Schedule of the United States (“HTSUS”).

FACTS:

Your company manufactures and imports various types of textile wearing apparel which you state are eligible for preferential duty treatment under subheading 9802.00.80 or subheading 9802.0090, HTSUS. You state that you have previously marked the garments, “Assembled in (country)” or “Assembled in (country) of U.S. components.” You state that you have been told recently that certain countries to which you ship your finished products will not accept garments marked “Assembled in (country).” You would like to mark the garments, “Made in (country of assembly).”

ISSUE:

What is the acceptable country of origin marking for apparel goods eligible for treatment under subheading 9802.00.80 or 9802.00.90, HTSUS?

LAW AND ANALYSIS:

Subheading 9802.00.80, HTSUS, provides a partial duty exemption for:

[a]rticles...assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape, or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process, such as cleaning, lubricating and painting.

Subheading 9802.00.90, HTSUS, provides for the duty-free entry of:

Textile and apparel goods, assembled in Mexico in which all fabric components were wholly formed and cut in the United States, provided that such components, in whole or in part, (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process; provided that goods classifiable in chapters 61, 62 or 63 may have been subject to bleaching, garment dyeing, stone-washing, acid-washing or perma-pressing after assembly as provided for herein.

The marking statute, section 304 of the Tariff Act of 1930 (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.

Part 134, Customs Regulations (19 CFR §134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.43(e) of the Customs Regulations (19 CFR §134.43(e)), provides that:

[w]here an article is produced as a result of an assembly operation and the country of origin of such article is determined under this chapter to be the country in which the article was finally assembled, such article may be marked, as appropriate, in a manner such as the following: Assembled in (country of final assembly); Assembled in (country of final assembly) from components of (name of country or countries of origin of all components); or Made in, or product of, (country of final assembly).

Section 134.43(e), Customs Regulations, sets forth examples of acceptable country of origin markings for articles whose country of origin is the country of final assembly. Please note that it is acceptable to mark a foreign assembled article with just the name of the country of origin (e.g., “Mexico”), assuming that the special marking requirements of 19 CFR §§134.46 or 134.47 are not applicable. Pursuant to 19 CFR §134.43(e), it is also acceptable for a textile or apparel article whose country of origin, as determined by 19 CFR §102.21, is the country of final assembly, to be marked “Made in (country of final assembly).” This is true regardless of whether the article is entitled to special tariff treatment under subheading 9802.00.80 or 9802.00.90, HTSUS.

HOLDING:

Textile and apparel articles whose country of origin (as determined under 19 CFR §102.21) is the country of final assembly may be marked “Made in (country of assembly),” regardless of whether the articles are entitled to special tariff treatment under subheading 9802.00.80 or 9802.00.90, HTSUS.

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

Sincerely,

John Durant, Director
Commercial Rulings Division

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