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NY K83722

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March 16, 2004

MAR-2 RR:NC:WA:361 NY K83722

CATEGORY: MARKING

Mr. Stephen M. Zelman
Stephen M. Zelman & Associates
Attorneys at Law
888 Seventh Avenue - Suite 4500
New York, NY 10106

RE: The Country of Origin Marking of a Woman’s Knit Top.

Dear Mr. Zelman:

This is in response to your letter dated March 3, 2004, requesting a ruling on behalf of Tahari, Ltd. The request concerns whether the proposed country of origin marking on the submitted garment is acceptable. As requested, the garment will be returned.

Style P54KJ504 is a woman’s top constructed from 90 percent nylon, ten-percent spandex knit fabric. The top has ¼ inch elasticized adjustable shoulder straps, a u-shaped neckline in front, and a plain, hemmed bottom. The upper edge of the back of the garment extends straight across from side seam to side seam.

You have indicated that the garments will be marked with the country of origin “Made in Uruguay” in this instance, by means of printing directly onto the garment. The marking for the pullover is centered in the upper back area, just below the upper edge. A marked sample was submitted with your letter for review. The marking was permanent, of an appropriate size to be legible and of a contrasting color to the garment itself.

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.

The proposed marking of imported garments, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported item.

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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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