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NY D84751

December 21, 1998

CLA-2-61:RR:NC:WA:361 D84751


Mr. Vinent S. Trovato
Import Manager
All Nations Forwarding Import Co., Inc.
One Cross Island Plaza
Jamaica, NY 11422

RE: The appropriate country of origin marking of women's woven pants and shorts.

Dear Mr. Trovato:

In your letter dated November 13, 1998, you requested a country of origin marking ruling on behalf of So Sweet, LLC. The sample is being returned, as you requested.

You have indicated that the pants and shorts will be marked as per the submitted sample. The submitted sample, a pair of women's trousers with a zippered fly front, will have a fabric label sewn into the garment on the inner fly panel approximately two inches below the waistband. The front of the label will indicate the following:
100% cotton
Made in
Hong Kong
11 see over for care
The back of the label will contain care information and the RN number. Another label, sewn into the waistband, and centered in the back of the garment will contain the brand name - "Angels."

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.

The label sewn into the fly two inches below the waistband meets the requirement for permanence and legibility. Concerning the location of the label, a similar situation was the subject of ruling HQ 733737 of February 11, 1991 is cited as follows: Recently, Customs has determined that the top of the inside of the inner fly panel of trousers is a conspicuous location in satisfaction of the requirements of 19 U.S.C. 1304, where the manufacturer included on one label the country of origin, care instructions, size and brand of the trousers, HQ733776 (January 23, 1991).

In consideration of the foregoing, in this case we find that the requirements of 19 U.S.C. 1304 are satisfied by sewing into the upper half of the inside of the inner fly panel of trousers a fabric label indicating the care instructions, size and country of origin of the trousers. Such a location is conspicuous in this case, and readily and easily found by one looking for important information concerning the garment.

Since the label on the submitted garment contains the country of origin, care instructions, and size of the garment, the requirements 19 U.S.C. 1304 concerning the location of the label are satisfied. Note that in ruling HQ 733737, as in the present case, the requirements of 19USC 1304 are met even though the brand name is not located on the same label as the other information.

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.


Robert B. Swierupski

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