CLA-2-62:OT:RR:NC:N3:348
Mr. Harry J. Gonnelly
Import Commodity Group
500 Merrick Road
Lynbrook, NY 11563
RE: The tariff classification and country of origin marking of a graduation gown from China
Dear Mr. Gonnelly:
In your letter dated June 1, 2016, you requested a ruling, on behalf of your client, LF Sourcing (Millwork) LLC, regarding the country of origin marking for imported graduation gowns. A sample, marked with the country of origin, has been submitted for our review.
The sample submitted, style 9964, is a graduation gown constructed from 100% polyester woven fabric. The garment features long hemmed sleeves, a full frontal opening secured with a zipper closure and a hemmed bottom. The garment is marked at the neckline with a sticker that states “Made in China.” The sticker can easily be removed.
The applicable subheading for this style will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers, other. The duty rate will be 16 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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.
Further, in Treasury Decision (T.D.) 54640(6) (1958), Customs determined that to be conspicuous, the country of origin marking of wearing apparel, such as shirts, blouses, coats and sweaters, etc., must be accomplished by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner.
Style 9964 is not marked in this manner. As a result, style 9964 does not constitute an acceptable country of origin in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
You inquired whether or not a care label is required. To ensure compliance with the Textile Fiber Products Identification Act (15 U.S.C. 70), which is applicable to textile products, we suggest that you contact the Federal Trade Commission (FTC) for information regarding guidelines for the use of the proposed hangtags and labels. Customs does not issue rulings or decisions interpreting FTC guidelines. The address and website of the FTC follow: Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580 and www.ftc.gov
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 Rosemarie Hayward via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division