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NY F89666




September 19, 2000

MAR-2-61 RR:NC:TA:359 F89666

CATEGORY: MARKING

Mr. ToRay Henry
Speed Sourcing, Inc.
2140 City Gate Drive
Columbus, Ohio 43219

RE: THE COUNTRY OF ORIGIN MARKING OF A WOMAN’S COTTON KNIT PULLOVER.

Dear Mr. Henry:

This is in response to your letter dated July 10, 2000 requesting a ruling on the acceptable country of origin marking for an imported woman’s cotton knit pullover from Hong Kong. A marked sample was submitted with your letter for review. The sample is being returned to you, as requested.

The submitted sample, style #0003 is a woman’s 100% cotton knitted v-neck pullover. The garment features ¾ sleeves and a rib-knit bottom. The label is located at the center of the neck. However, it is sewn in vertically not horizontally. The label is securely sewn on one end. The label measures approximately 4.5 inches long and ¼ inch wide. The label states “MAXSTUDIO.COM” which is followed by a ¾ inch open space and then states “MADE IN HONG KONG”.

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. Congressional intent in enacting 19U.S.C. 1304 was “that the ultimate purchaser should be able to know by an inspection if the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will”. United States v. Friedlaender & Co. Inc., 27 CCPA 297, 302, C.A.D. 104 (1940).

Part 134, Customs Regulations (19CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.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.

Customs ruled in T.D. 54640(6) (July 15, 1958), that shirts, blouses, coats, sweaters and similar wearing apparel must be legibly and conspicuously marked with the name of the country of origin by means of a fabric lapel or label made from natural or synthetic film sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner.

The proposed marking of the imported 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.

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 Mike Crowley at 212-637-7077.

Sincerely,

Robert B. Swierupski
Director,

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