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NY J87134

September 5, 2003

MAR-2 RR:NC:WA:361 NY J87134


Ms. Susan Morelli, Customs Specialist
Saucony Inc.
13 Centennial Drive
Peabody, MA 01960


Dear Ms. Morelli:

This is in response to your letter dated August 6, 2003, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for women’s imported garments.

Style 12098 is a pair of woman’s running shorts. The fully lined shorts are constructed with a 100 percent polyester woven fabric shell and a 100 percent polyester waffle knit brief lining. The shorts have an elasticized waistband with a drawcord, an inner “key” pocket, and capped leg openings.

Style 119305, “Thermaflow Phoebe,” is a woman’s long sleeve pullover constructed from 100 percent polyester knit fabric. The pullover has a v-shaped neckband, capping finishing the long sleeves, and a plain, hemmed bottom.

You have indicated that the garments will be marked with the country of origin “Made in Taiwan” in this instance, by means of a heat transfer directly onto the garment. The marking for the pullover is centered in the nape of the neck, just below the neckband. The marking on the fully lined shorts is centered in the back, just below the waistband. Marked samples were submitted with your letter for review. The marking was permanent, of an appropriate size to be legible and of a contrasting color to the garment itself.

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.

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.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 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. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 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.

The proposed marking of imported garments, 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 items.

You have indicated that the submitted marking will be used on the two brands, Saucony and Hind, and have requested that we rule on the general acceptability of such marking, both for imported goods, and for those made in the United States. Concerning goods marked “Made in U.S.A.,” since the Bureau of Customs and Border Protection has no jurisdiction on goods made in the U.S., we cannot rule on that issue. For information concerning the appropriate marking of U.S. made goods, please contact: Federal Trade Commission
Division of Enforcement
6th and Pennsylvania Avenue, N.W.,
Washington, D.C. 20508

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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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