THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN VESTS

N269327 November 2, 2015 MAR-2 OT:RR:NC:N3:356 CATEGORY: MARKING Ms. Cynthia Kilgore Lanier Clothes 999 Peachtree St., Suite 500 Atlanta, GA 30309 RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN VESTS Dear Ms. Kilgore: This is in response to your letter dated September 15, 2015, requesting a ruling on whether the proposed location of the country of origin label is an acceptable country of origin marking for imported men’s woven vests. A marked sample was submitted with your letter and will be retained for our files. Style 13-RE7331 is a men’s vest constructed from four panels sewn together lengthwise. The two front panels are of 72% polyester, 28% rayon woven fabric and the two back panels are of woven acetate fabric. The garment has a V-neckline, oversized armholes, a full front opening with five button closures, pointed front panels, a full lining of woven acetate fabric, two welt pockets at the chest and waist, and an adjustable acetate fabric belt in the rear with a metal buckle. There are no labels in the center rear neckline of the garment. A paper label is tacked to the outside, bottom left front panel stating the brand name, the size, the cut, the style number and the color of the garment.  A woven brand name label is sewn to the inside, lower left front panel. Another label, sewn to the inside left side seam, shows the size, the fiber content, and the country of origin as “Made in Vietnam.” This information is printed in black, plain block letters, approximately one-sixteenth of an inch high, on a white background. The label is sewn so that the printing is oriented sideways to the reader. 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. You state that Office of Regulations and Rulings (ORR) Letter 638-69, dated January 2, 1979 and HQ ruling 559738, dated July 2, 1996 have allowed country of origin labels to be located in areas other than the neck of the garment. In ORR ruling 638-39, Customs held that suit jackets, overcoats, and sport coats may be marked with a label affixed over or below the inside pocket if such marking is included on or in close proximity to the brand name label affixed to the coat in that area. In HQ 559738, CBP held that the jackets at issue needed only to be marked by placing a label on the inside pocket because the jackets had an inside pocket and the brand name of the jacket was also at that location. These rulings make allowance for the aforementioned. In T.D. 54640(6), Customs determined that the 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. The proposed marking of imported vests, as described above, is not conspicuous and does not constitute an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304. 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. We suggest you contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 for advice concerning the requirements of this Act. Information may also be obtained at the Federal Trade Commission website, 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 Maryalice Nowak at maryalice.nowak@dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division