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HQ 563210

April 8, 2005

MAR-2 RR:CR:SM 563210 KSG

Donald Garrison
Golden Silk Screening
25 Dominion Crescent
Lakeside, Nova Scotia
Canada B3T 1M3

RE: Country of origin marking of T-shirts

Dear Mr. Garrison:

This is in response to your letter dated March 3, 2005, in which you request a binding ruling as to whether certain imported T-shirts are properly marked with their country of origin.


The imported T-shirts are either 50/50 polyester/cotton or 100% cotton. The cotton yarns are produced in the U.S. The polyester yarns are produced in Canada. The fabric is knit, cut and sewn into T-shirts in Canada. You state that the T-shirts are classified in heading 6109 of the Harmonized Tariff Schedule of the United States (“HTSUS”). We will assume for the purposes of this ruling that your garments are properly classified in heading 6109, HTSUS

The sample fabric label, which will be attached to the T-shirts at the neckline, states “Made in Canada” right above the word “Golden,” in large black lettering. The words “cotton rich” also appear on the front of the sample label.


Whether the T-shirts are marked in accordance with 19 U.S.C. 1304.


Section 334 of the Uruguay Round Agreements Act (codified at 19 U.S.C. 3592), enacted on December 8, 1994, provided rules of origin for textiles and apparel entered, or withdrawn from warehouse for consumption, on and after July 1, 1996. Section 102.21, Customs Regulations (19 C.F.R. 102.21), published September 5, 1995, in the Federal Register, implements Section 334 (60 FR 46188). Section 334 of the URAA was amended by section 405 of the Trade and Development Act of 2000, enacted on May 18, 2000, and accordingly, section 102.21 was amended (68 Fed. Reg. 8711). Thus, the country of origin of a textile or apparel product shall be determined by the sequential application of the general rules set forth in paragraphs (c)(1) through (5) of section 102.21.

Paragraph (c)(1) states that "The country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." As the subject merchandise is not wholly obtained or produced in a single country, territory or insular possession, paragraph (c)(1) of Section 102.21 is inapplicable.

Paragraph (c)(2) states that "Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each of the foreign materials incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section:"

Paragraph (e) in pertinent part states that “The following rules shall apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section:”

6101 - 6117 If the good is not knit to shape and consists of two or more component parts, except for goods of subheading 6117.10 provided for in paragraph (e)(2) of this section, a change to an assembled good of heading 6101 through 6117 from unassembled components, provided that the change is the result of the good being wholly assembled in a single country, territory or insular possession..

As the T-shirt is not knit to shape, and we assume consists of two or more component parts, the country of origin is Canada, where it is wholly assembled.

Section 304 of the 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 United States 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 United States the English name of the country of origin of the article. Part 134 of the Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements of 19 U.S.C. 1304.

The country of origin marking must be conspicuous, which is defined in 19 CFR 134.1(k) as "capable of being easily seen with normal handling of the article or container." Further, pursuant to 19 CFR 134.41(b), the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed.

We find that the sample label satisfies the conspicuous requirement, and assuming it is sewn into the T-shirts at the neckline, would satisfy the permanence requirements of 19 U.S.C. 1304.

The issue of whether the phrase “cotton rich” is acceptable would be an issue within the jurisdiction of the Federal Trade Commission (“FTC”) and should be referred to the FTC at Division of Enforcement, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580.


The T-shirts described above are considered a product of Canada and the sample label would satisfy the requirements of 19 U.S.C. 1304.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Myles B. Harmon, Director
Commercial Rulings Division

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