NY F87109 - THE COUNTRY OF ORIGIN MARKING OF WEARING APPAREL FROM CHINA. - United States International Trade Commision Rulings

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NY F87109

June 15, 2000

MAR-2 RR:NC:TA:359 F87109

CATEGORY: MARKING

Mr. Arthur W. Bodek
Akin, Gump, Strauss, Hauer & Feld, L.L.P. 590 Madison Avenue
New York, NY 10022

RE: THE COUNTRY OF ORIGIN MARKING OF WEARING APPAREL FROM CHINA.

Dear Mr. Bodek:

This is in response to your letter dated May 3, 2000, on behalf of Liz Claiborne, Inc, requesting a ruling on whether the proposed marking "Made In Romantic China", “Made With Romance In China” or “Made With Loving Care In China” is an acceptable country of origin marking for imported apparel products. A marked sample was not submitted with your letter for review.

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 134.45(a), Customs Regulations (19 CFR 134.45(a)), “Except as otherwise provided in paragraph (a) (2) of this section, markings required by this part shall include the full English name of the country of origin, unless another marking to indicate the English name of the country of origin is specifically authorized by the Commissioner of Customs.”

Noting that you did not submit a sample of the apparel or of the label you propose to use, this ruling will not address the question of whether the proposed marking is sufficiently conspicuous, legible, indelible and permanent, as required. This ruling addresses only the acceptability of the phrases you propose.

The phrases “Made In Romantic China”, “Made With Romance In China” or “Made With Loving Care In China” do indicate the full English name of the country of origin, and thus constitute acceptable country of origin marking for imported apparel.

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 Supervisory Import Specialist Jeff Konzet at 212-637-7030.

Sincerely,

Robert B. Swierupski
Director,

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