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NY N016616

September 11, 2007

MAR-2 RR:NC:TA:358


Ms. Emilia Arroyo
Jerry Leigh of California, Inc.
7860 Nelson Road
Van Nuys, CA 91402


Dear Ms. Arroyo:

This is in response to your letter dated August 31, 2007 requesting a ruling on whether the proposed marking of a girl’s knitted pullover satisfies the country of origin, care labeling and fiber content marking requirements for imported merchandise. A marked sample was submitted with your letter for review.

Your submitted sample, style NT3783 Art#C374NA is a girl’s oversize pullover constructed from finely knit cotton jersey fabric. The item has coverage that extends to the vicinity of the waist. It has a wide rib knit opening at the neck, short hemmed sleeves and a hemmed bottom. The front of the garment has a screen print design with rhinestone and metal bead trim depicting the term “Levi’s”. You ask whether the phrase “100% cotton” is sufficient fabric content marking and whether the rhinestone and metal bead trim should be disclosed on the marking label.

The submitted sample contains a sewn-in fabric label located at the inside center of the neck. The label consists of two fabric strips and includes the words “Levi’s™, 100% cotton, Made in Mexico of USA Fabric.”

We are unable to rule on the labeling as to care and fiber content. Regarding these marking requirements, you should contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580.

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 girl’s pullover, style NT3783 Art#C374NA, 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 merchandise.

Importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection. If you are an authorized importer of the product we recommend notifying your local Customs office prior to importation.

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 Bruce Kirschner at 646-733-3048.


Robert B. Swierupski

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