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NY K89531




October 15, 2004

MAR-2 RR:NC:TA:N3:356 K89531

CATEGORY: MARKING

Mr. Bob Topal
Feel the Power, Inc.
463 Seventh Avenue, 14th Floor
New York, NY 10018

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

Dear Mr. Topal:

This is in response to your letter dated August 25, 2004, requesting a ruling on whether the proposed location of the origin label is an acceptable country of origin marking for imported men’s knit pullovers. A sample was submitted with your letter for review.

The submitted garment is a men’s pullover constructed from 92 percent polyester, 8 percent spandex, finely knit interlock fabric. The sample has a wide, loose fitting body; a self-fabric crew neckline; short, hemmed sleeves; and a straight, hemmed bottom.

You state that, due to considerations of fabric, style and comfort, you will use heat transfer logos on the inside of the rear neckline to show your brand name, logo, and the size of the garment. You would like to eliminate the sewn in label normally found at the rear neckline that shows the fiber content, country of origin and care instructions and locate that label in the lower left side seam near the hem.

The sample was submitted in a fold-over polybag with an adhesive label affixed to the outside front of the polybag showing the country of origin, the fiber content, and the importer’s RN number. This information was in black letters on a white background. You have not stated in your correspondence whether the garment will be sold to the ultimate purchaser in the polybag or on a hanger.

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.

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.

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.

It is our experience that garments such as the sample presented are not sold to the ultimate purchaser in the plastic polybag. The polybag is used for packing purposes only and is discarded before retail sale. Garments of this type are normally sold on hangers so that the consumer may examine the garment prior to purchase. As such, when the garment is displayed for retail sale, the proposed country of origin label in the lower side seam is not easily and readily visible to the ultimate purchaser.

Consequently, the country of origin label located in the lower side seam of the imported garment is not conspicuous and 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.

In addition, textile fiber products imported into the United States must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission. Information on these labeling requirements may be obtained at the Federal Trade Commission 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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