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NY L86982




September 6, 2005

CLA-2-58:RR:NC:TA:350 L86982

CATEGORY: CLASSIFICATION

TARIFF NO.: 5806.31.0000

Ms. Barbara Moore
The Janel Group of New York, Inc.
150-14 142nd Avenue
Jamaica, NY 11434

RE: The tariff classification of a narrow woven fabric, for use in the hand knitting of garments, from an unspecified country.

Dear Ms. Moore:

In your letter dated August 8, 2005, on behalf of Hi Fashion Fabrics inc., New York, NY, you requested a tariff classification ruling.

The instant sample, which was not identified as to style or quality number, consists of a 100% cotton, tie-dyed, narrow woven material, that has been produced from cutting on the bias, larger width materials into smaller widths. The instant sample measures about 1/2" in width and contains a fast edge. This material will be used to hand knit various garments after its importation into the United States.

The applicable subheading for the material will be 5806.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other narrow woven fabrics, of cotton.

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.

The hangtag affixed to the submitted sample contains an incorrect and misleading marking. On one side it indicates that the base fabric was dyed and printed in Indonesia, however, there is no mention of where the fabric is produced. Additionally, on the opposite side of the tag there is a U.S. address and an inscription that reads: “Tonga Treasures”. This is not an acceptable marking.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,“ or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported articles or its container, and those words, letters or names may mislead or deceive, the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” Product of,” or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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