THE COUNTRY OF ORIGIN MARKING OF A WOMEN’S GARMENT

N170439 June 28, 2011 MAR-2 OT:RR:NC:N3:359 CATEGORY: MARKING Mr. Jeff Mendon Columbia Sportswear Company 14375 NW Science Park Drive Portland, OR 97229 RE: THE COUNTRY OF ORIGIN MARKING OF A WOMEN’S GARMENT Dear Mr. Mendon: This is in response to your letter dated June 3, 2011 requesting a ruling on whether the proposed marking of a women’s garment is an acceptable country of origin marking for an imported pullover on behalf of Mountain Hardwear. A marked sample was submitted with your letter for review which is being returned as per your request. Style S2WS43886 is a women’s reversible pullover garment designed to be worn with either side as the front. The garment is constructed of a 100% cotton finely knitted jersey fabric. The outer surface of the fabric measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment has a scoop neck on one side with a keyhole cutout below the center of the self-fabric trimmed neckline and a rounded neckline on the other side. This garment is designed to be worn with either the scoop neck or the rounded neck in the front. The garment features a print design on the upper portion front and rear panels, short raglan sleeves, and a “Mountain Hardwear” logo label sewn at the straight hemmed garment bottom close to the side seam. Your suggested country of origin marking on the submitted sample has a “Made in El Salvador” heat transfer label at the underside of the garment printed next to one of the side seams approximately 1-inch above the garment bottom, and a cardboard hangtag with the country of origin marking attached by a plastic anchor to the bottom of the inside sleeve seam. Additional marking proposals include (1) keeping the heat transfer label on the inside bottom hem and moving the hangtag to anchor at the neckline or (2) replacing the above-mentioned labels with one tear-away label at the raglan shoulder seam, which provides country of origin information. No samples of the two additional marking proposals were provided with your request. 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 determined that, to be conspicuous, the country of origin marking of wearing apparel such as shirts, blouses and sweaters must be accomplished by means of a fabric label or a label made from natural or synthetic film; sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner. However, Customs has allowed leeway on the standards set forth in T.D. 54640(6) for reversible garments that are otherwise conspicuously, permanently and legibly marked in accordance with 19 U.S.C. 1304. See HRL 958965 dated February 4, 1997 (determined that reversible vests could be marked by either a cardboard hangtag at the side seam of the left armhole or attaching a hangtag with a plastic anchor to the top center back where the front panel is joined to the back panel); HRL 561255 dated January 29, 1999 (allowed a hangtag in the neck area or label sewn to the side seam); and HRL 731513 dated November 15, 1988 (a reversible ladies jacket with the country of origin on a cardboard hangtag attached to the neck area of the garment was allowed). The proposed marking of imported women’s pullovers, as described above, are acceptable for purposes of 19 U.S.C. 1304 and 19 CFR Part 134 provided the hangtags and labels are otherwise conspicuously, legibly and permanently marked. To ensure compliance with the Textile Fiber Products Identification Act (15 U.S.C. 70), which is applicable to textile products, we suggest that you contact the Federal Trade Commission (FTC) for information regarding guidelines for the use of the proposed hangtags and labels. Customs does not issue rulings or decisions interpreting FTC guidelines. The address and website of the FTC follow: Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580 and www.ftc.gov. 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 359 Francine Vivona-Brock at (646) 733-3049. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division