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NY M80855

February 24, 2006

MAR-2 RR:NC:TA:357 M80855


Mr. Pete Mento
Expeditors Tradewin, LLC
1015 Third Ave.
Seattle, WA 98104


Dear Mr. Mento:

This is in response to your letter dated February 7, 2006, on behalf of Ashworth, Inc., requesting a ruling on whether the proposed marking by means of printing on plastic film labels is an acceptable country of origin marking for imported jackets. Two marked samples were submitted with your letter for review.

The two samples, both of style AM5647, are examples of garment and label color combinations. One jacket is yellow and has black printing on a clear plastic film label; the other jacket is black and has orange text on a clear plastic film label.

The proposed marking consists of a clear plastic “main” label with the company name and style number sewn approximately 1.5” below the center neck tape and measuring approximately 1.625” square. The country of origin label will include the size and the term “Made in XXX,” and will be sewn next to the main label at the neckline. It measures approximately .5” x .75” and has lettering measuring 1/16” in height. The third label you described as a care label. It will include fiber content, country of origin, RN and laundering instructions, and will be sewn into the lower right interior side seam.

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.

While we cannot speculate on the conspicuousness of other combinations of jacket and label colors, or the legibility of marking on a clear label juxtaposed against a printed or otherwise multi-colored jacket material, the proposed marking of imported jackets represented by the samples, 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 jackets.

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

Please note that Customs does not issue rulings on fiber content and care labeling. For information on this you should contact the Federal Trade Commission Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, or visit their website at www.FTC.Gov.

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 William Raftery at 646-733-3047.


Robert B. Swierupski

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