COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S OUTERWEAR COATS

N060735 June 8, 2009 MAR-2 OT:RR:NC:TA:357 CATEGORY: MARKING Ms. Kiki Phaneuf Shipley & Halmos 8 Greene St. New York, NY 10013 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S OUTERWEAR COATS Dear Ms. Phaneuf: This is in response to your letter dated May 12, 2009, requesting a ruling on whether the proposed marking “Made in China,” sewn under the opening of an inside breast pocket is an acceptable country of origin marking for imported outerwear coats. A marked sample was submitted with your letter for review and is being returned to you. The item in question is a men’s overcoat made from a wool/nylon blend woven fabric. You intend to place a label under the opening of the inside breast pocket with your company name, product information and the words “New York.” A second label will be sewn to this label with the size and the words “Made in China” in letters larger than the New York reference, and you asked if this is acceptable as an alternative to marking the coat in the center of the neck. 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. In most cases wearing apparel with a neck is required to be marked with the country of origin in the neck midway between the shoulder seams. An exception exists, however, for outerwear coats with a brand label sewn in the vicinity of the inside breast pocket. These may be marked with a label in that area. Consequently, the label on your sample may be used in lieu of marking at the neck. 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 article 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. The proposed marking of imported outerwear coats, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported coats. 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 William Raftery at (646) 733-3047. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division