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NY L89025




December 19, 2005

MAR-2-61:RR:NC:TA:358 L89025

CATEGORY: MARKING

Ms. Keri Masternak
Cornerstone Consolidated Services Group, Inc. 5568 West Chester Road
West Chester, OH 45069

RE: Country of origin marking of girl’s apparel from India

Dear Ms. Masternak:

In your letter dated November 23, 2005, on behalf of your client Garnet Hill, 231 Main Street, Franconia, New Hampshire, you requested a marking ruling on a girl’s woven cotton dress. A sample was submitted with this inquiry and will be returned to you as requested.

You inquire specifically as to the marking requirements for the dress. The dress contains two sewn-in fabric labels, one positioned directly above the other at the center inside neckline or nape of the neck. The outer label indicates the name of the importer. The label underneath indicates the fiber contents, Reverse for Care (instructions), garment size and country of origin. The country of origin and size are visible under the exterior name label without the manipulation or lifting of the name label.

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 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 country of 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 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 sample you have submitted is marked to indicate the country of origin. The textile label sewn into the inside neckline, at the nape of the neck, displays the country of origin information legibly, indelibly and permanently, and is acceptable for Customs Regulation purposes.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, for information on the applicability of these requirements to this item.

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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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