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NY C89445

July 23, 1998

MAR-2:RR:NC:TA:N3:356 C89445


Mr. Elon A. Pollack

865 S. Figueroa Street, Suite 1388

Los Angeles, CA 90017


Dear Mr. Pollack:

This is in response to your letter dated June 22, 1998, on behalf of Designs Alive, requesting a ruling on whether the proposed marking of a men's T-shirt is an acceptable country of origin marking. You are also requesting a classification ruling for the garment. A marked sample of the garment was submitted with your letter for review.

The sample, Style BG300, is a men's all white T-shirt constructed from 100 percent cotton, finely knit fabric. Style BG300 features a rib knit crew neckline; short, hemmed sleeves; and a hemmed bottom. The garment is not screen printed. Your size specifications indicate that the garment will be imported in sizes M, L, and XL.

Style BG300 has a fabric label securely sewn to the center rear, inner neckline. This label states the care instructions, fiber content, RN number and country of origin (Made in Pakistan). Approximately 1/2 inch to the right of this label, a second securely sewn fabric label states the fabric content and "Screen Printed in Japan."

The applicable subheading for Style BG300 will be 6109.10.0005, Harmonized Tariff Schedule of the United States, (HTS) which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: men's or boys' T-shirts, all white, short hemmed sleeves, hemmed bottom, crew or round
neckline, without pockets, trim or embroidery. The duty rate will be 19.2 percent ad valorem.

As an all white, unprinted T-shirt, Style BG300 falls within textile category designation 352. Based upon international textile trade agreements, products of Pakistan 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 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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 C.F.R. §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 C.F.R. §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 order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side or surface in which the name or locality other than the actual country of origin appears.

As provided in section 134.41(b), Customs Regulations (19 C.F.R. §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. For shirts, blouses, and sweaters, Customs ruled that the garments must be marked by means of a fabric label sewn on the inside center of the neck midway between the shoulder seams or in that immediate area. TD 54640(6).

Both labels on this garment are clearly visible at the rear neckline whether the garment is folded or displayed on a hanger. Consequently, the proposed marking is conspicuous and the second label is in close proximity to the country of origin label. The labels satisfy the marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134. This marking is an acceptable country of origin marking for the imported garment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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.


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