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NY K87727





August 11, 2004

MAR-2 RR:NC:WA:361 NY K87727

CATEGORY: MARKING

Ms. Melissa Fox
Barthco International, Inc.
721 Chestnut Street
Philadelphia, PA 19106

RE: The Country of Origin Marking of Women’s Knit T-Shirts.

Dear Ms. Fox:

This is in response to your letter dated July 20, 2004, requesting a ruling on behalf of Jones Apparel Group. The request concerns whether the proposed country of origin marking on the submitted garments is acceptable. As requested, the garments will be returned.

The submitted T-shirts, one in dark blue, and the other in white, have a crew neckline, short sleeves, and a plain hemmed bottom. You have indicated that these items will be marked by means of printing directly onto the garment, as shown on the submitted samples. These garments are both marked in red printing with the words “Made in Honduras” centered in the upper back area, approximately 1 ½ inches below the neckband. The marking is 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 item.

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.

Sincerely,

Robert B. Swierupski
Director,

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