THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S KNIT SHIRTS

N186908 October 28, 2011 CLA-2-61:OT:RR:NC:N3:356 CATEGORY: MARKING Ms. Maristella Iacobello Phillips-Van Heusen Corp. 200 Madison Avenue New York, NY 10016 RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S KNIT SHIRTS Dear Ms. Iacobello: This is in response to your letter dated September 19, 2011, requesting a ruling on whether the proposed location of the origin label is an acceptable country of origin marking for imported men’s knit shirts. A marked sample was submitted with your letter for review. Your sample is being returned, as requested. The submitted garment is a men’s polo shirt constructed from finely knit pique fabric. The garment has a rib knit spread collar, a partial front opening with two button closures, short sleeves with rib knit cuffs, a half-moon sweat patch at the rear neckline, an embroidered logo on the left chest, and a hemmed bottom with side slits and a tail. The sample has a woven fabric label sewn to the rear neckline approximately one inch to the right of the center of the neckline. The label measures one-half inch wide by three-quarters of an inch long. This label shows the country of origin as “Made in Pakistan” in white plain block letters, approximately one-sixteenth of an inch high, on a black background. The brand name and garment size are embroidered on the sweat patch at the center rear neckline below the country of origin label. 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. Examination of the proposed marking indicates that the marking on the woven label is legible and conspicuous and that, although the origin label is placed to the right of the center neckline, it is not obscured by the collar when the garment is displayed for retail sale, whether on a hanger or folded flat. As the origin label is readily visible to the ultimate purchaser, the placement of the country of origin label on the imported shirt constitutes an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division