THE COUNTRY OF ORIGIN MARKING OF IMPORTED T-SHIRTS

N149058 March 18, 2011 CLA-2-61:OT:RR:NC:N3:356 CATEGORY: MARKING Ms. Nichole A. Allen VF Imagewear, Inc. 545 Marriott Drive, Suite 200 Nashville, TN 37214 RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED T-SHIRTS Dear Ms. Allen: This is in response to your letter dated February 17, 2011, requesting a ruling concerning the acceptable country of origin marking on a men’s T-shirt that will be imported from Honduras. A sample of the T-shirt was submitted with your inquiry and will be returned, as you requested. The submitted garment is a men’s heather grey T-shirt constructed from 100% cotton, tubular knit, light weight, jersey fabric. The garment has a rib knit crew neckline; short, hemmed sleeves; and a straight, hemmed bottom. You state that the plain, unprinted T-shirt will be imported into the United States with the country of origin and certain other markings shown in the center rear neckline. The brand name and various graphic print designs will be added to the garment in the United States. The marking in the center rear neckline states “Made in Honduras” in three languages, English, Spanish and French. The words are in contrasting color, plain block letters approximately one-sixteenth of an inch high. Directly below the country of origin, the garment size and the words “Printed in the U.S.A” are shown in contrasting color, plain block letters, also approximately one-sixteenth of an inch high. 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 United States is able to find the marking easily and read it without strain. In T.D. 54640(6), Customs determined that country of origin marking appearing on the inside center of the neck of shirts, blouses, coats, sweaters, etc., mid-way between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304. However, the T-shirt also has a sewn in label in the lower left rear hem that shows the fiber content, the washing instructions, and the U.S. address of the importer showing the street, city, state, zip code, and country abbreviation. You state that this same label may also appear in the side seam of other T-shirt styles. The country of origin, “Made in Honduras,” is not shown on this label. 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 or surface in which the name or locality other than the actual country of origin appears. In the present situation, the country of origin marking in the neckline is not in close proximity to the hem or side seam label which shows the importer’s U.S. address. Consequently, the marking on this sewn-in label would not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.46. In addition, since imported merchandise is examined and evaluated in the condition as imported, we believe that the use of the words “Printed in U.S.A.” in the center rear neckline of the garment may be misleading as the goods have not yet been printed and the actual country of any future printing is unknown. Consequently, the proposed marking of the men’s T-shirt, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported garment. It should be noted that textile fiber products imported into the United States must also be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, for their requirements. 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 Mary Ryan at 646-733-3271. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division