United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1999 NY Rulings > NY D88840 - NY D88899 > NY D88863

Previous Ruling Next Ruling

March 12, 1999

MAR-2:RR:NC:3:TA 355 D88863


Ms. Darlene Stump
Jantzen, Inc.
411 NE 18th
Portland, OR 97232

RE: The country of origin marking of women’s two piece swimwear.

Dear Ms. Stump:

This is in response to your letter dated March 2, 1999 requesting a ruling on whether the proposed country of origin marking label and the textile fiber content on the label are an acceptable marking for the label attached to the imported two piece swimsuit. A marked sample was submitted with your letter for review. As requested your sample is being returned to you.

Style J2193, a knit two piece ladies’ swimsuit, has a bikini top and bottom. The fiber content of the top and bottom are different. On the label the contents will appear as:

31/8% Cotton
12/10% Spandex

A label showing this information is sewn at approximately the midpoint of the rear waistband of the bottom portion of the garment. The country of origin will also be shown on this label.

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 the ultimate purchaser in the U.S. the English name of the country of origin of the article.

The label and its location satisfy the requirements of section 304, Tariff Act of 1930, concerning the country of origin marking provided the top and bottom are manufactured in one country and are to be sold as a unit.

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.

The Federal Trade Commission must also be contacted if you are going to use the marking “Made in U.S.A.”

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this 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 Gerard Shea at 212-637-7082.


Robert B. Swierupski
Director National Commodity

Previous Ruling Next Ruling