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NY D84390





December 2, 1998

MAR-2 RR:NC:3:TA:355 D84390

CATEGORY: MARKING

Ms. Wendy Wieland Martin
Kellwood Company
600 Kellwood Parkway
Chesterfield, Missouri 63017

RE: The country of origin marking of a reversible swimsuit.

Dear Ms. Martin:

This is in response to your letter dated November 5, 1998 requesting a ruling on whether the proposed marking of a reversible swimsuit is acceptable. A marked sample was submitted with your letter for review. As requested your sample is being returned to you.

A sample of a reversible swimsuit was submitted. You propose to mark it with a two-sided permanent label secured at the back of the neck with a plastic swift tack.

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.

In HRL 732975 Customs ruled that requiring a fabric label to be sewn on a reversible tank top would require the consumer to remove the label possibly damaging the garment. The same situation applies to the sample submitted. Therefore marking the country of origin of the sample submitted with a two sided label secured at the back of the neck with a plastic swift tack is permitted.

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 labelling 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 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 Gerard Shea at 212-466-5878.

Sincerely,

Robert B. Swierupski
Director,

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