The Country of Origin Marking of a Girl’s Reversible Skirt.

N120283 September 1, 2010 MAR-2 OT:RR:NC:3:358 CATEGORY: MARKING Barthco Mr. Donald Simpson 5101 South Broad Street Philadelphia, PA 19112 RE: The Country of Origin Marking of a Girl’s Reversible Skirt. Dear Mr. Simpson: This is in response to your letter dated August 20, 2010, on behalf of your client Isfel Company, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for an imported girl’s skirt. A marked sample was submitted with your letter for review. The submitted garment is a girl’s woven cotton skirt with an elasticized waistband. The reversible garment has different size gingham plaid designs on the shell sides. The garment is affixed with a paper hangtag that is swift tacked to the waistband. The hangtag contains the country of origin, fiber contents, RN number and care instructions. You have recommended that the garment be marked in this manner due to the construction of the 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 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 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 a 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. In T.D. 54640(6), Customs ruled that shirts, blouses and sweaters must be marked by means of a fabric label sewn on the inside center of the neck midway between the shoulder seams or in that immediate area. Nevertheless, Customs has allowed some leeway for reversible garments that are otherwise conspicuously, permanently and legibly marked in accord with 19 U.S.C. §1304 and 19 CFR 134. See Headquarters Ruling Letter (HRL) 732975, dated March 13, 1990, (reversible tank tops designed to be worn with either side out). Because the tank top is reversible, there is no tag sewn into the garment. A hangtag is attached to the neck area containing the country of origin, fiber contents, RN number and laundering information. The proposed marking of the imported skirt, as described above, is conspicuously, legibly and permanently marked in satisfaction of 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 skirts. 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, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. Information can also be found at the FTC website www.ftc.gov (click on "Consumer Protection" and then on "Business Information" and then on "Clothing and Textiles"). 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 Bruce Kirschner at 646-733-3048. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division