MAR-2:RR:NC:TA:N3:356 C89445
Mr. Elon A. Pollack
865 S. Figueroa Street, Suite 1388
Los Angeles, CA 90017
RE: THE COUNTRY OF ORIGIN MARKING OF A MEN'S T-SHIRT.
Dear Mr. Pollack:
This is in response to your letter dated June 22, 1998, on behalf of
Designs Alive, requesting a ruling on whether the proposed marking of a men's
T-shirt is an acceptable country of origin marking. You are also requesting a
classification ruling for the garment. A marked sample of the garment was
submitted with your letter for review.
The sample, Style BG300, is a men's all white T-shirt constructed from 100
percent cotton, finely knit fabric. Style BG300 features a rib knit crew
neckline; short, hemmed sleeves; and a hemmed bottom. The garment is not screen
printed. Your size specifications indicate that the garment will be imported in
sizes M, L, and XL.
Style BG300 has a fabric label securely sewn to the center rear, inner
neckline. This label states the care instructions, fiber content, RN number and
country of origin (Made in Pakistan). Approximately 1/2 inch to the right of
this label, a second securely sewn fabric label states the fabric content and
"Screen Printed in Japan."
The applicable subheading for Style BG300 will be 6109.10.0005, Harmonized
Tariff Schedule of the United States, (HTS) which provides for T-shirts,
singlets, tank tops and similar garments, knitted or crocheted: of cotton: men's
or boys' T-shirts, all white, short hemmed sleeves, hemmed bottom, crew or round
neckline, without pockets, trim or embroidery. The duty rate will be 19.2
percent ad valorem.
As an all white, unprinted T-shirt, Style BG300 falls within textile
category designation 352. Based upon international textile trade agreements,
products of Pakistan are subject to a visa requirement and quota restraints.
The designated textile and apparel category may be subdivided into parts.
If so, visa and quota requirements applicable to the subject merchandise may be
affected. Since part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and changes, to obtain
the most current information available, we suggest that you check, close to the
time of shipment, the Status Report On Current Import Quotas (Restraint Levels),
an internal issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
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 imported
into the U.S. shall be marked in a conspicuous place as legibly, indelibly and
permanently as the nature of the article 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.
With regard to the permanency of a marking, section 134.41(a), Customs
Regulations (19 C.F.R. §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. However, section 134.44, Customs Regulations (19 C.F.R. §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.
In order to satisfy the close proximity requirement, the country of
origin marking must generally appear on the same side or surface in which the
name or locality other than the actual country of origin appears.
As provided in section 134.41(b), Customs Regulations (19 C.F.R.
§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. For shirts, blouses, and sweaters, Customs
ruled that the garments must be marked by means of a fabric label sewn on the
inside center of the neck midway between the shoulder seams or in that immediate
area. TD 54640(6).
Both labels on this garment are clearly visible at the rear neckline
whether the garment is folded or displayed on a hanger. Consequently, the
proposed marking is conspicuous and the second label is in close proximity to
the country of origin label. The labels satisfy the marking requirements of 19
U.S.C. §1304 and 19 C.F.R. Part 134. This marking is an acceptable country of
origin marking for the imported garment.
This ruling is being issued under the provisions of Part 177 of the Customs
Regulations (19 C.F.R. 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 Mary Ryan at 212-466-5877.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division