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NY F85879




May 2, 2000

CLA2-RR:NC:3:353 F85879

CATEGORY: CLASSIFICATION

Ms. Noreen Proctor
Six Foot Silks
73 Bastedo Avenue
Toronto, Ontario, Canada
M4C 3M8

RE: Classification and country of origin marking determination for silk scarves from China that are hand painted in Canada.

Dear Ms. Proctor:

This is in reply to your letter dated April 3, 2000, received in this office April 12, 2000, requesting a classification and country of origin marking determination for silk scarves which will be imported into the United States. No samples were provided, but ample descriptive literature and photographs were furnished.

FACTS:

The subject merchandise consists of woven 100% silk fabric scarves. The scarves are rectangular in shape and made of Chinese origin fabric with hand rolled edges. The scarves are shipped to Canada where they are hand painted and labels are affixed. Customs and the importer recognize that the country of origin of the scarves is China.

CLASSIFICATION:

For purposes of this ruling, Customs assumes that the scarves exceed 60 centimeters on at least one side. The applicable subheading for the 100% silk fabric scarves will be 6214.10.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Shawls, scarves, mufflers, mantillas, veils and the like: Of silk or silk waste: Containing 70 percent or more by weight of silk or silk waste.” The rate of duty is 1.2% ad valorem.

The 100% silk fabric scarves are not subject to quota or the requirement of a visa.

COUNTRY OF ORIGIN MARKING

You inquire whether the scarf can be marked “Hand painted by Canadian Artist Norene Proctor – Made in China” and whether the label must be sewn to the scarf. The label also states “100% silk.”

Subsection 304(h) of the Tariff Act of 1930, as amended, which became effective June 25, 1999, excepts certain silk products from the country of origin marking requirements of subsections 304(a) and (b) of the Tariff Act of 1930, as amended. Customs Bulletin Vol. 33, No. 39, dated September 29, 1999 addressed this exemption and gives notice of the types of marking that are required by the Federal Trade Commission to comply with the Textile Fiber Products Identification Act. A synopsis of that bulletin is provided below.

Sections 304(a) and (b) of the Tariff Act of 1930, as amended (19 U.S.C. 1304(a) and (b)), require imported articles of foreign origin or their containers, unless excepted, to be marked in a manner that indicates to an ultimate purchaser in the United States the name of the country of origin of the article. On June 25, 1999, the President signed into law the “Miscellaneous Trade and Technical Corrections Act of 1999” (Pub.L. 106-36, 113 Stat. 127). Section 2423 of the Miscellaneous Trade and Technical Corrections Act of 1999 added a new subsection (h) to section 304 of the Tariff Act of 1930 to except certain silk products from the country of origin marking requirements of subsections (a) and (b).

Under 304(h), articles provided for in subheading 6214.10.10 of the Harmonized Tariff Schedule of the United States (HTSUS) as in effect on January 1, 1997, or containers of articles provided for, are excepted from the requirement to be marked to indicate to an ultimate purchaser in the United States that they are of foreign origin. Subheading 6214.10.10, HTSUS (1997), provided for: “Shawls, scarves, mufflers, mantillas, veils and the like: of silk or silk waste: Containing 70 percent or more by weight of silk or silk waste.”

Notwithstanding that articles provided for in subheading 6214.10.10 HTSUS (1997), are excepted from the foreign country of origin marking requirements of subsections 304(a) and (b), other laws enforced by Customs, including 15 U.S.C. 1125, prohibit importations of goods bearing false or misleading descriptions of fact. In addition, these articles are subject to the marking requirements of the Textile Fiber Products Identification Act, 15 U.S.C. 70, et seq., and the Federal Trade Commission’s (FTC) implementing rules (16 CFR Part 303) as administered by the FTC and enforced by the U.S. Customs Service with respect to imported articles. The general legal requirement is that textile products carry labels or tags to inform consumers of, among other things, the name of the country where such imported product was processed or manufactured as provided in 16 CFR 303.33.

Accordingly, in order to provide information to importers on how articles of subheading 6214.10.10, HTSUS, shall be labeled and to explain the meaning of these labels to consumers, the following guidance is provided:

Under the rules of origin for textile and apparel products codified at 19 U.S.C. 3592 and as implemented by 19 CFR 102.21, the country of origin of articles of subheading 6214.10.10, HTSUS, is the country where the fabric of the article was formed by a fabric–making process. Since the textile and apparel rules of origin are still applicable, the article may not be labeled “MADE IN (name of country)”, unless the designated country is the country of origin (where the fabric of the article was formed by a fabric–making process).

However, articles bearing the descriptive terms “CRAFTED IN (Country B)”, “CRAFTED BY (name of designer and printer) IN (Country B), “CREATED IN (Country B)”, or “CREATED BY (name of designer and printer) IN (Country B)”, will not be deemed to bear false or misleading descriptions of fact under 15 U.S.C. 1125, notwithstanding that the fabric–making process occurs in country A, provided (1) all cutting, sewing, and printing or dyeing operations, or (2) all dyeing, printing, and at least one finishing operation, such as those listed in 19 CFR 12.130(e)(1)(i), occur in Country B for articles of subheading 6214.10.10, HTSUS.

In addition to the foregoing, while the FTC’s Rules and Regulations under 16 CFR 303.33(a)(1) state that “[e]ach imported textile fiber product shall be labeled with the name of the country where such imported product was processed or manufactured”, the rules do not require that any particular words describe the processing or manufacturing operations, so long as the information given is accurate and not presented in a confusing manner.

To summarize, Section 2423 of the Miscellaneous Trade and Technical Corrections Act of 1999, which amended section 304 of the Tariff Act of 1930 by adding a new subsection (h), provides that articles classified in subheading 6214.10.10, HTSUS (1997), are excepted from the country of origin marking requirements of subsections 304(a) and (b). However, these articles are subject to the marking requirements of the Textile Fiber Products Identification Act, 15 U.S.C. 70, et seq. and 16 CFR Part 303, and may not bear any false descriptions under 15 U.S.C. 1125. Articles labeled in accordance with the guidance provided above will be considered to satisfy the labeling requirements of the Textile Fiber Products Identification Act, 15 U.S.C. 70, et seq. and 16 CFR Part 303, and will not be considered to bear any false descriptions.

Based on the above, the labeling of the item as “Hand painted by Canadian Artist Norene Proctor – Made in China” is permissible.

In regards to whether the label must be sewn to the scarf, 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, section 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.

As long as the label meets the requirements of being conspicuous, legible, indelible and permanent as indicated above, it need not be sewn to the scarf.

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.

In addition, you inquire about Formal Customs Entry forms and procedures. We suggest you contact the port in the United States where you intend to import this merchandise to obtain this information.

HOLDING:

The scarf may be labeled “Hand painted by Canadian Artist Norene Proctor – Made in China.”

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1). This section states that a ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,

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