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NY L88492

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December 7, 2005

MAR-2:RR:NC:TA:N3:356 L88492

CATEGORY: MARKING

Ms. Anne Sarkar
BMW of North America, LLC
P.O. Box 1227
Westwood, NJ 07675-1227

RE: COUNTRY OF ORIGIN MARKING OF MEN’S FUNNEL NECK SWEATERS FROM BANGLADESH

Dear Ms. Sarkar:

In your letter dated November 2, 2005, you requested a tariff classification ruling for a men’s funnel neck sweater. As requested, your sample will be returned.

The submitted sample, identified as P/N: 80 14 0 408 341, is a men’s pullover sweater constructed from 100 percent cotton, all-over 2x2 rib knit fabric that measures 9 stitches per two centimeters counted in the horizontal direction. The garment is fully fashioned and has a funnel neck, long, raglan sleeves; an embroidered appliqué on the left sleeve; and a straight, self-finished bottom.

The submitted sample has woven fabric labels showing the brand name and the garment size sewn to the center rear neckline. The country of origin, fiber content, RN number and washing instructions are shown on a fabric label sewn into the lower left side seam of the garment. You are inquiring whether the country of origin marking in the lower side seam is acceptable marking for this 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 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.

In your correspondence, you identify the garment as having a cowl neckline, and indicate that you are aware that certain exceptions to the marking rules have been made for garments where marking in the center rear neckline is impractical. The submitted sample, however, does not have a cowl neckline, but is fashioned with a funnel neckline. Although there is no horizontal neck seam, the center rear neckline can be ascertained and, in fact, has two woven fabric labels sewn to that area. A woven fabric label showing the country of origin of the garment in clear, contrasting letters should also be sewn to the center, rear neckline or in that immediate area. The sewn-in country of origin label located in the lower side seam of the submitted sample is not considered 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.

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 C.F.R. 177). A copy of this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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