THE COUNTRY OF ORIGIN MARKING OF A GIRL’S KNIT T-SHIRT

N261169 February 12, 2015 MAR-2 OT:RR:NC:N3:358 CATEGORY: MARKING Harry J Gonnelly Import Commodity Group Ltd. 500 Merrick Road Lynbrook NY 11563 RE: THE COUNTRY OF ORIGIN MARKING OF A GIRL’S KNIT T-SHIRT Dear Mr. Gonnelly: This is in response to your letter dated January 22, 2015 requesting a ruling on behalf of your client, NTD Apparel Inc., concerning the proposed marking of a girl’s knit t-shirt. A marked sample was submitted with your letter for review and will be returned to you, as requested. The sample, Style DD1128 (identified as “sample #3”), has two labels sewn to the center rear neckline. The top label is a Hello Kitty registered trademark label. A narrower, longer label is sewn underneath the trademark label with “S”, “65% Polyester 35% Cotton”, “Made in Bangladesh” and "NTD Apparel" visible on the portion that extends below and beyond the top label. Garment care instructions are shown on the back of the lower label. A third label is sewn to the left inseam approximately 3 ½ inches above the bottom hem. This label also provides the size, fiber content, country of origin and care instructions in English, French and Spanish. 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 cowl neck and 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) 709180, dated June 19, 1978 (a cowl neck sweater with country of origin label affixed to the waist seam allowable); HRL 731513, dated November 15, 1988 (a reversible ladies jacket with the country of origin on a paper hangtag attached to the neck area of the garment was allowed); HRL 734692, dated October 31, 1992 (reversible jackets marked with two country of origin labels, one sewn into the inside pocket and one on a hangtag attached to the zipper was acceptable); HRL 734889, dated June 2, 1993 (a sewn-in label at the neck was not mandated under 19 U.S.C. §1304 for reversible jean jackets) and HRL 561255, dated January 29, 1999 (allowed alternate marking on a front-to-back reversible garment).The sample you have submitted is marked to indicate the country of origin. The textile label sewn into the inside neckline, at the nape of the neck, displays the country of origin information legibly, indelibly and permanently and, therefore, satisfies the general marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. It should be noted that textile fiber products imported into the U.S. must 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. Questions concerning fiber content labeling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking satisfies such requirements. 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 Kim Wachtel at kimberly.a.wachtel@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division