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NY J81972




April 9, 2003

MAR-2 RR:NC:TA:N3:356 J81972

CATEGORY: MARKING

Ms. Kathryn Smith
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005-6453

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S SHIRTS

Dear Ms. Smith:

This is in response to your letter dated March 7, 2003, requesting a ruling on whether the proposed location of the origin label is an acceptable country of origin marking for imported knit and woven shirts. A marked sample of each of three styles was submitted with your letter for review. Your samples are being returned, as requested.

Sample A is a men’s pullover shirt which has a pointed collar, short sleeves, two small side vents and a partial opening which begins at the neck and which is fastened shut by means of three buttons. No fiber content was given for the shirt, nor was the fiber content stated on any of the three labels affixed to the collar of the sample shirt.

Sample B is a men’s shirt constructed from 65% cotton, 35% polyester, jacquard knit fabric that measures 12 stitches per linear centimeter counted in the horizontal direction and 13 stitches per linear centimeter counted in the vertical direction. The shirt has a rib knit spread collar; a partial front opening with a three button placket; short, hemmed sleeves; and a hemmed bottom with side slits.

Sample C is a men’s shirt constructed from 60% cotton, 40% polyester, jersey knit fabric that measures 13 stitches per linear centimeter counted in the horizontal direction and 16 stitches per linear centimeter counted in the vertical direction. The shirt has a rib knit spread collar; a partial front opening with a three button placket; short, hemmed sleeves; and a hemmed bottom with side slits.

Sample A has two woven labels affixed to the center rear neckline, one is a Tiger Woods logo and the other label states the yarn size of the yarn used for the shirt fabric. A third woven label is sewn approximately two and one half inches to the right of the center rear of the neckline. This label shows the size of the garment as a single letter in three languages, (i.e., L G G) and, below the size, the origin of the garment as “Made in Hong Kong”. The size and origin information is in plain block letters, approximately one-sixteenth of an inch high, in silver on a black background.

Samples B and C have a woven label affixed to the center rear neckline that shows a shield with the Nike swoosh logo and a pair of crossed golf clubs. No written information appears on this label. A second woven fabric label is sewn to the rear neck seam, one and three-quarter inches to the right of the center label. This label shows the size of the garment as a single letter in three languages, (i.e., L G G) and, below the size, the origin of the garment as “Made in Malaysia” or “Made in Thailand”. The size and origin information is in plain block letters, approximately one-sixteenth of an inch high, in silver on a black background.

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 United States 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. Section 134.1(d), Customs Regulations (19 CFR 134.1(d)) defines the “ultimate purchaser” generally as the last person in the United States who will receive the article in the form in which it is imported. Since the shirts are intended for retail sale, the retail customer is considered the ultimate purchaser for the purpose of country of origin marking.

In T.D. 54640(6), Customs determined that country of origin marking appearing on the inside center of the neck of a shirt, mid-way between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304.

Examination of the proposed marking of Samples A, B, and C indicates that the country of origin label is placed significantly to the right of the centrally located brand label and is completely obscured by the collar when the garment is displayed for retail sale, whether on a hanger or folded flat. As the origin label is not readily visible to the ultimate purchaser, the placement of the country of origin label on the imported shirt does not constitute an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Note Headquarters Ruling Letter, HQ 734476 of February 19, 1992, involving a similar label location.

We note that Sample A is not marked with the fiber content of the garment. Textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.

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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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