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NY B85904

October 27, 1997

MAR-2 RR:NC:TA:N3 356 B85904


Mr. John W. Whitaker
O'Neill and Whitaker, Inc.
1809 Baltimore Avenue
Kansas City, MO 64108


This is in response to your letter, submitted on behalf of GFSI, Inc., requesting a ruling on whether the proposed marking is an acceptable country of origin marking for men's knit shorts from Malaysia. A marked sample and advertising, identifying the garment as reversible, were submitted with your letter for review. As requested, your sample will be returned.

Style WW1 is a pair of men's reversible knit shorts which are constructed from 65% polyester, 23% cotton, 12% rayon double knit fabric which is grey in color on one side and reverses to cream in color on the other side. The shorts have a tunnel elastic waistband with a drawstring; slash pockets located on the grey side; and hemmed leg openings. A screen printed logo is located on the lower left leg near the hem on both the grey side and the cream side.

A large, circular adhesive label which reads "Turn me inside out ... I'm reversible" has been affixed to the left pocket on the grey side of the shorts near the waistband. A hangtag, which is attached to the waistband by means of a plastic anchor, states "This is a reversible garment" and shows the fiber content, the country of origin ("Made in Malaysia"), the RN number, and the garment size. The printing is in contrasting white on a black background.

The shorts are also marked with a woven fabric label, sewn to the inside of the left pocket, which shows the size, the RN number, and the country of origin ("Made in Malaysia"). A separate label sewn next to this shows the importer's name, fiber content and care instructions. The lettering is in contrasting black on a grey background.

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 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. 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.

The proposed marking of the imported reversible knit shorts, 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 garment.

The shorts 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. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C.20508 for a determination as to whether the labels for the shorts satisfy the requirements of the Act.

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 Mary Ryan at 212-466-5877.


Robert B. Swierupski

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