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HQ 731033


February 2, 1989

MAR 2-05 CO:R:C:V pmh

CATEGORY: MARKING

Ms. Diana Incivilito
Warnaco Sourcing
485 7th Avenue - 14th Floor
New York, N.Y. 10018

RE: Country of origin marking on imported men's garments.

Dear Ms. Incivilito:

This is in response to your letter of February 5, 1988, in which you requested a ruling on the proposed country of origin marking for imported men's knit shirts. We regret the delay in responding to this matter.

FACTS:

The submitted sample is a man's knit pullover shirt. The shirt is 100 percent cotton, with a V-shaped neckline. The shirt is beige with white neckline and waistband. Inside the neck of the garment are two white labels with black printing. On one of the labels is the name "Christian Dior." On the other label are the size, the fiber content and the words "MADE IN BRAZIL." Screen-printed in black on the back of the garment are the words "Christian Dior, 30 Avenue Montaigne, PARIS 75008." The words "MADE IN BRAZIL" on the inside label are 1/8th of an inch; the word "PARIS" on the back of the garment is approximately the same size.

ISSUE:

Whether the country of origin marking on the submitted garment complies with the requirements of 19 U.S.C. 1304.

LAW AND ANALYSIS:

Section 304 of the 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 (or 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. Part 134, Customs Regulations (19 CFR Part 134), sets forth regulations implementing the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41, Customs

Regulations (19 CFR 134.41), provides that the marking of an imported product must be conspicuous enough so that the ultimate purchaser will be able to find the marking easily and read it without strain.

After careful review of the submitted sample garment, we have concluded that the country of origin marking is sufficiently conspicuous to meet the requirements of 19 U.S.C. 1304. It is our opinion that the label inside the neckline is particularly prominent due to the open V-style neckline and that the words "MADE IN BRAZIL" are of sufficient size and boldness to make them readily visible to the ultimate purchaser.

In addition, we note that section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser. In this case, we find that due to the prominent placing of the label inside the neckline and the conspicuousness of the words "MADE IN BRAZIL," the country of origin is immediately apparent to the ultimate purchaser. The Paris address would be noticed only upon turning the garment. Consequently, it is our opinion that although the country of origin mark is not in close proximity to the Paris address printed on the back of the garment, the purpose of section 134.46 has been served in this case.

HOLDING:

Based on all the factors in this case and after careful examination of the sample submitted, we find that the country of origin marking satisfies the requirements of 19 U.S.C. 1304.

Enclosed please find the sample garment you submitted.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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