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NY B82489

April 17, 1997

CLA-2-61:RR:NC:WA:361 B82489


Mr. Bruce Schiller
Regional Vice President
MSAS Customs Logistics Inc.
8725 NW 18th Terrace, Suite 301
Miami, FL 33172

RE: The country of origin marking for women's trousers.

Dear Mr. Schiller:

This is in response to your letter dated March 12, 1997, requesting a ruling on behalf of Perry Manufacturing on whether the proposed marking is an acceptable country of origin marking for imported trousers. Marked samples were submitted with your letter for review. The samples are being returned, as you requested.

You submitted two styles, 11935 and P9413, with your request. Style 11935 will be sold via catalog, and style P9413 will be sold at retail stores. Each style is composed of two garments - a blouse and trousers. The garments are constructed from 100% rayon woven fabric. Both styles will be sold at retail as a unit.

Although you have submitted both the blouse and trousers, you have only requested a determination as to the correct marking on the trousers. Each of the trousers is marked in the same manner. They contain two labels sewn to the back center seam, beginning approximately two inches below the elasticized waistband. The first label is the brand "Worthington" and the second contains the following information in English and Spanish on the front of the label:
100% Rayon
Made in El Salvador
WPL 11935
See reverse for care

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. 71-264(3) Customs ruled that "marking of 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." (Emphasis added). Customs, however, has not required the country of origin of trousers and similar wearing apparel to appear in one and only one specific location in order to be considered conspicuous within the meaning of 19 U.S.C. 1304. In this case, although the label is not affixed at the waistband, the label is permanently affixed in a conspicuous location, and the country of origin marking is in lettering of adequate size.

The proposed marking of imported trousers , 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 trousers.

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 C.F.R. 177).

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

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.


Paul K. Schwartz

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