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NY B85905

October 27, 1997

MAR-2 RR:NC:TA:N3 356 B85905


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


Dear Mr. Whitaker:

This is in response to your letter, which was submitted on behalf of Winning Ways/GFSI, Inc., requesting a ruling on the tariff classification and proposed country of origin marking for a reversible knit pullover garment from Taiwan. A marked sample and advertising, identifying the garment as reversible, were submitted with your letter for review. The classification of this garment is being handled in a separate ruling letter.

Style FL2743 is a reversible knit pullover garment con- structed 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 pullover has a crossover V-neckline; long, hemmed sleeves; and a hemmed bottom. A woven label, showing the importer's name and logo, has been sewn to the rear neckline on the grey side and to the lower left front panel on the cream side. A screen printed logo is located on the center chest 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 upper chest on the grey side. A hangtag, which is attached to the neck area by means of a plastic anchor, states "This is a reversible garment" and shows the fiber content, country of origin ("Made in Taiwan"), RN number, and size. The printing is in contrasting white on a black background.

The pullover is also marked with a textile label, sewn to the lower right side seam on the grey side of the garment. This label shows the size, the fiber content, the country of origin ("Made in Taiwan"), and the RN number. The lettering is in con- trasting black on a white background. The reverse of this label shows the care instructions.

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 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 pullover, 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 pullover 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 marking satisfies 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 regard- ing this ruling, contact National Import Specialist Mary Ryan at 212-466-5877.


Robert B. Swierupski
National Commodity
Specialist Division

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