COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S KNIT GARMENTS

N045657 December 24, 2008 MAR-2 OT:RR:NC:WA:356 CATEGORY: MARKING Ms. Nalani Speer Xcel International, Inc. 66-590 Kamehameha Highway Haleiwa, HI 96712 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S KNIT GARMENTS Dear Ms. Speer: This is in response to your letter dated October 3, 2008 and subsequent correspondence dated November 19, 2008, requesting a ruling concerning the proper marking for imported men’s knit garments. A sample garment was submitted and will be returned, as requested. Style MLM45529 is a men’s pullover garment constructed from 90% nylon, 10% spandex, finely knit mesh fabric that measures 30 stitches per two centimeters counted in the horizontal direction. Style MLM45529 features a self-fabric crew neckline; short hemmed sleeves; screen printing on the front panel; and a straight, hemmed bottom. A heat seal label is affixed to the inside rear neckline of the garment mid-way between the shoulder seams. The label shows the brand name, the country of origin as “Made in Thailand,” and the size of the garment in white, plain block letters on a contrasting black background. 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. 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. 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 HQ 562700 of June 10, 2003, Headquarters stated that a screen printed label located in the center of the rear neckline of a finely knit garment showing the country of origin in contrasting colors and in a lettering size that was clearly legible and conspicuous satisfied the marking requirements of Section 304 of the Tariff Act. Consequently, the heat seal applied to the inside center rear neckline mid-way between the shoulder seams of Style MLM45529 is considered legible, permanent and conspicuous and satisfies the marking requirements of Section 304 of the Tariff Act (19 C.F.R.1304). 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 Specialist Division