THE COUNTRY OF ORIGIN MARKING OF INFANTS’ DRESSES, BODYSUITS AND ROMPERS

N272034 January 29, 2016 MAR-2 OT:RR:NC:N3:358 CATEGORY: MARKING Ms. Sasha Daughtrey Page International Inc. 21 Chatham Center So Drive Savannah GA 31405 RE: THE COUNTRY OF ORIGIN MARKING OF INFANTS’ DRESSES, BODYSUITS AND ROMPERS Dear Ms. Daughtrey: This is in response to your letter dated December 8, 2015 and received by this office on January 13, 2016 requesting a marking ruling for certain infants’ cotton dresses, bodysuits and rompers on behalf of your client, Triboro Quilt. Marked samples of styles 519256 (size NB) and 519455 (size NB) were submitted with your letter for review. Photographs of styles 519153, 519290 and 519331 were provided upon request. Style 519256 is an infant girl’s finely knit cotton dress. The sleeveless dress features a front yoke; a rear keyhole opening with a one button closure; a 2 ¾ inch wide pleated, hemmed self-fabric tier sewn horizontally around the bottom of the dress; a self-fabric bow on each shoulder; and rib knit binding around the neck, armholes and keyhole opening. The garment is marked in a contrasting color with “Cherokee ™,” the garment’s size and “made in China”/”hecho en China” using a heat transfer label approximately ½ inch below the rear neckline between the keyhole opening and the arm opening. The “made in China” print is approximately 1/16 inch tall and 11/16 inch wide. There is a separate fabric label sewn into the lower left side-seam that includes the fiber content, care instructions and registered identification number (RN). Style 519455 is an infant’s 60 percent cotton, 40 percent polyester knit bodysuit. The sleeveless bodysuit features a round neck in the front, a U-shaped neck in the back, a metal snap on the left shoulder, a three snap closure at the crotch; and rib knit binding around the neck, armholes and leg openings. A self-fabric bow extends across the upper back above the garment’s rear neckline and is sewn into the rib knit binding around the armholes. This configuration leaves a modified keyhole opening in the back of the garment. The garment is marked in a contrasting color with “Circo ™,” the garment’s size and “MADE IN CHINA”/”HECHO EN CHINA” using a heat transfer label centered approximately ½ inch below the rear U-shaped neckline. The “MADE IN CHINA” print is approximately 1/16 inch tall and 9/16 inch wide. There is a separate fabric label sewn into the lower left side-seam that includes the fiber content, care instructions and registered identification number (RN). The submitted photographs show styles 519290 and 519153 are infant’s striped dresses and style 519331 is an infant’s romper. Each style has a rear neckline configuration similar to style 519256 with a keyhole opening and a one button closure. The photographs of styles 519331 and 519290 show the garments are marked with a dark grey heat transfer label on a white (519331) or white and pink (519290) fabric. The photograph of style 519153 shows it is marked with a light aqua color heat transfer label on an aqua, navy, white, yellow, pink and purple striped fabric. In your letter you state that styles 519153, 519290, 519256 and 519331 (sizes newborn and 3M) and style 519455 (sizes newborn through 24M) will be marked underneath the keyhole opening on the inside of the garment. You propose to mark styles 519153, 519290, 519256 and 519331 (sizes 6M through 24M) between the keyhole opening and the sleeve. (It is recognized that although the submitted sample of style 519256, size newborn (NB), is marked between the keyhole and sleeve, it is your intention to mark this size underneath the keyhole to allow more room for the marking.) You have requested confirmation that the placement of the marking meets the requirements set forth under 19 CFR 134. 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. Further, in Treasury Decision (T.D.) 54640(6) (1958), Customs determined that to be conspicuous, the country of origin marking of wearing apparel, such as shirts, blouses, coats and sweaters, etc., must be accomplished by means of a fabric label or 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. (Emphasis added.) 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 Headquarters Ruling Letter (HRL) 562700 (June 10, 2003) a finely knit blouse with a screen printed country of origin label was found to have satisfied the requirements of 19 CFR 134.44. The proposed marking of styles 519256, 519290, 519455 and 519331, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported dresses, bodysuits, and rompers. The marking of style 519153 is applied in a light aqua color and does not provide sufficient color contrast when superimposed on certain stripes found on the garment to allow the ultimate purchaser to read without strain. As a result, style 519153 is not marked conspicuously and legibly and does not meet the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. It should be noted also 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. 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 samples satisfy 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, Deborah C. Marinucci Acting Director National Commodity Specialist Division