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NY L80463

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November 29, 2004

MAR-2 RR:NC:3:353 L80463

CATEGORY: MARKING

Mr. Gary Brownworth
Corbett International, Inc.
One Cross Island Plaza
Suite 203F
Rosedale, NY 11422

RE: THE COUNTRY OF ORIGIN MARKING OF A LEATHER VEST

Dear Mr. Brownworth:

This is in response to your letter dated November 5, 2005, on behalf of First Manufacturing Co., Inc. requesting a ruling on whether the proposed marking on a side seam is an acceptable country of origin marking for imported leather vests. A marked sample was submitted with your letter for review.

The submitted sample is a leather vest constructed of a 100% leather outer shell and a woven 100% nylon fabric lining. The vest is sleeveless with oversize armholes, v-neckline and a full front right over left four snap closure. There is a fabric label with the size of the garment sewn on the inside center of the neck, and an approximately 3½ inch by 2½ inch label with the company identity sewn onto the back center of the vest approximately 1½ inches below the neck. The proposed marking will state “Made in Pakistan” on the reverse side of a folded label sewn in the lower left inside seam of the vest approximately 3 inches above the bottom edge of the garment.

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.

Usual marking of wearing apparel appears at the neck on a sewn in label on the inside center of the garment. There is no reason supplied for the request for this exception to normal marking requirements. This office notes that the country of origin marking is in an unusual location that is difficult to locate and is on the reverse side of the label. In addition, the garment has a label noting its’ size sewn into the neck and a label with the identification of the company in close proximity to the neck. There appears to be no reason why the country of origin marking cannot be at the usual location at the neck.

The proposed marking of imported leather vests with a country of origin label located in the lower inside seam of the imported vest is not conspicuous and does not constitute an acceptable country of origin marking in satisfaction of the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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