THE COUNTRY OF ORIGIN MARKING OF GIRLS’ GARMENTS AND ACCESSORIES AND DOLL ACCESSORIES

N293628 February 23, 2018 MAR-2 OT:RR:NC:N3:358 CATEGORY: MARKING Mr. Rodolfo Corral Rodolfo Corral Inc. 9100 S. Sepulveda Blvd., Suite 124 Los Angeles, CA 90045 RE: THE COUNTRY OF ORIGIN MARKING OF GIRLS’ GARMENTS AND ACCESSORIES AND DOLL ACCESSORIES Dear Mr. Corral: This is in response to your letter dated December 12, 2017 requesting a ruling on whether the proposed marking “Hecho en Mexico” on a disposable, flimsy, clear plastic bag is an acceptable country of origin marking for girls’ garments and accessories, imported together and sold as a set, and doll accessories, imported together and sold as a set. This request was submitted on behalf of your client, De Fabrica, Inc. Marked samples were not submitted with your letter for review; however, upon request, samples were subsequently forwarded. Your client intends to import a set of girls’ garments and accessories inside a disposable, flimsy, clear plastic bag. The set includes a woven blouse, skirt, scarf and belt. The peasant style blouse features a square neck and a 2 ¾ inch wide decorative woven strip inset below the front and rear necklines, above the front and back panels, and extending from shoulder seam to shoulder seam. The decorative strip matches the design on the skirt and belt. The plain woven scarf does not include the design but is woven from yarns of the same color and texture as the skirt, belt and blouse accent strip. The flimsy, clear plastic bag is marked with the number “2” and “Hecho en Mexico” on two separate adhesive labels; there are no additional markings on the bag to indicate contents, price, etc. The bag is made of clear plastic allowing the purchaser to see the items inside and is heat sealed on one end and secured by staples on the other end. The blouse is marked with the fiber content, washing instructions and “Hecho en Mexico” on a sewn-on label at the nape of the neck. The label also states “One Size.” The skirt is marked with an identical label sewn on the side seam near the bottom. The scarf and belt contain no markings. Your client also intends to import a collection of doll accessories, imported and sold separately from the girls’ set. This collection, also imported inside a disposable, flimsy, clear plastic bag but marked with the number “15” and “Hecho en Mexico” on two separate adhesive labels, includes a doll’s woven dress and cape and plastic crown, cane and shoes. There are no additional markings on the bag to indicate contents, price, etc. The approximately 8 x 12 inch bag is heat sealed on one end and secured with staples on the other. The doll’s dress is marked with the fiber content, washing instructions and “Hecho en Mexico” on a sewn-on label. The cape, crown, cane and shoes are not individually marked. 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 determined that, to be conspicuous, the country of origin marking of wearing apparel such as shirts, blouses and sweaters must be accomplished by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed midway between the shoulder seams or that in that immediate area or otherwise permanently marked in that area in some other manner in order to be conspicuous within the meaning of 19 U.S.C. 1304. Similarly, in T.D. 71-264(3) it was determined that trousers, slacks, jeans and similar wearing apparel must be marked by means of a permanent label affixed in a conspicuous location on the garment, such as the inside of the waistband. However, the country of origin label on trousers and similar garments is not limited to only one specific location in order to be considered conspicuous within the meaning of 19 U.S.C.1304. This office recognizes that the marking of the garments included in the girl’s set is conspicuous and meets the requirements of 19 U.S.C. 1304. In T.D. 91-7, January 16, 1991, Customs indicated that for purposes of 19 U.S.C. 1304, the relevant inquiry regarding the marking of the material or components in a collection, such as a suit and a scarf, is whether such items have been substantially transformed as result of their inclusion in the set, mixture, or composite good. It was also indicated in T.D. 91-7 that in certain circumstances the marking of every item in a collection of goods may not be consistent with the purpose of the marking statute, or may be impractical and/or undesirable. This may be because one or more items in the collection are relatively insignificant and would have no influence on the purchasing decision, because the items in the collection are too numerous making it impractical to specify the country of origin of each item, or for various other reasons. Therefore, Customs will continue to employ a "common sense" approach to determine the marking requirements applicable to articles which comprise a collection of goods. In several previous decisions, where all items of a "set" were made in the same country, Customs has indicated that it was not necessary to separately mark each item in the set if marking one item will clearly indicate the country of origin of all the items in the set to the ultimate purchaser. In these cases, the garments and accessories are made in the same country. Because the blouse, skirt, scarf and belt are sold together as a unit, if the garments are properly marked to indicate their country of origin, the ultimate purchaser would reasonably conclude that the self-fabric scarf and belt were made in the same country. In other words, where the blouse, skirt, scarf and belt are made in the same country, marking the garments with the country of origin will reasonably indicate to the ultimate purchaser the country of origin of the self-fabric scarf and belt as well. If the garments and accessories are not made in the same country, then separate marking of scarf and belt is required. Further, you state that, in both cases, the items imported in the clear plastic bags will be put up for wholesale or retail sale and will reach the ultimate purchaser in its unopened condition. Among the exceptions from country of origin marking is 19 U.S.C. 1304(a)(3)(D), also provided for in section 134.32(d), Customs Regulations. That section provides that articles for which the marking of their containers will reasonably indicate the country of origin of the articles may be excepted from country of origin marking. The necessary predicate to the application of this exception is that Customs and Border Protection must be satisfied that the article will reach the ultimate purchaser in the original, properly marked container in which the article was imported. The proposed marking of both imported sets, 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 sets of girls’ garments and accessories and the doll’s accessories. Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20580, for information on the applicability of these requirements to these items. Further information can also be found at the FTC 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 Kim Wachtel at kimberly.a.wachtel@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division