THE COUNTRY OF ORIGIN MARKING OF WOMEN’S TOPS

N261020 February 12, 2015 MAR-2 OT:RR:NC:N3:360 CATEGORY: MARKING Ms. Katie Chang Christopher & Banks 2400 Xenium Lane North Plymouth, MN 55441 RE: THE COUNTRY OF ORIGIN MARKING OF WOMEN’S TOPS Dear Ms. Chang: This is in response to your letter dated January 14, 2015, requesting a ruling on whether the proposed marking location of the country of origin label is an acceptable country of origin marking for imported woman’s tops. A marked sample was submitted with your letter for review and will be returned. Style 8918 is composed of two garments attached at the shoulder seams by thread loops; the garments can be separated without damage to either garment. The outer garment is a woman’s blouse constructed from 100% polyester woven fabric. The blouse features a round neckline, a full front opening secured by five button closures, ¾ length sleeves, and a hemmed bottom. The inner garment is a woman’s sleeveless pullover constructed from 100% polyester knit fabric. The pullover features a scoop front neckline, a high rear neckline, capping at the neckline and armholes, and a hemmed bottom. Both garments extend to below the waist. The outer garment of style 8918 has a woven brand name label sewn to the center of the rear neckline. Centered below that label is a second folded woven label. The outer surface of this label, clearly visible to the purchaser, shows the size and the country of origin as “Made in China.” Attached to this folded label are two paper hangtags stating the brand, size, bar code, style number, color, size, and price. Furthermore, a label sewn into the inner side seam of the outer garment displays fiber content, care, RN number, and brand name. There are no labels attached to the inner 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. 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. In your letter, you state that the inner garment of style 8918 does not require country of origin marking. However, because both garments can be separated without damage to either garment, and because the country of origin marking must appear on the inside center of the neck of shirts and blouses, your proposed marking does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. 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 Kimberly Rackett via email at kimberly.rackett@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division