United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1995 NY Rulings > NY 804095 - NY 804223 > NY 804207

Previous Ruling Next Ruling
NY 804207



Nov. 17, 1994

MAR-2-61:S:N:N5:361 804207

CATEGORY: MARKING

Ms. Sherry Fuller
H.C. Prange Company
P.O. Box 19080
Green Bay, WI 54307,9080

RE: The Country of Origin Marking and Classification of Woman's Trousers and fabric belt from Malaysia.

Dear Ms. Fuller:

This is in response to your letter dated November 7, 1994 requesting a classification and marking ruling of woman's trousers and fabric belt imported from Malaysia. A sample was submitted with your letter for review, and will be returned, as you requested.

The garment, style 0421 is a pair of woman's pull-on trousers with an elasticized waistband constructed from 100% cotton knit jersey fabric. The trousers also have a woven fabric belt of 65% polyester, 35% cotton fabric. The submitted sample is not marked.

Style 0421 is a composite good, and the essential character is provided by the trousers. The applicable subheading will be 6104.62.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knitted trousers, of cotton. The rate of duty will be 16.7 percent ad valorem.

Style 0421 falls within textile category designation 346. Based upon international textile trade agreements, products of Malaysia are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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.

Acceptable marking for this garment would be a fabric label, sewn in the waist, just below the elastic waistband, with the country of origin "Malaysia" or "Made in Malaysia" on the front of the label. The belt need not be marked separately, assuming it is also from Malaysia.

Questions concerning marking under the Textile Fiber Products Identification Act (15 USC 70) and its regulations (16CFR 303) are also often considerations of apparel importers. For information on these requirements, you should consult the Federal Trade Commission, Washington, D.C. 20580 for definitive guidance on this point.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

Previous Ruling Next Ruling

See also: