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HQ 731513
November 15, 1988

MAR 2-05 CO:R:C:V 731513 LR

CATEGORY: MARKING

Scott A. Cohn, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, N.Y. 10017

RE: Country of origin marking requirements for reversible ladies' jacket

Dear Mr. Cohn:

This is in response to your letter of June 13, 1988, on behalf of your client, Mast Industries, requesting a binding ruling concerning country of origin marking requirements for a reversible ladies' jacket to be imported from Hong Kong.

FACTS:

The submitted sample is a ladies' reversible black and white jacket composed of 65% polyester/35% cotton fabric. The jacket has no pockets and contains a full frontal opening which is secured by four buttons on each surface of the jacket. Your client advises that it would cause damage to the garment if it were to permanently sew a country of origin label to the neck area or any other location in view of the fact that an ultimate purchaser of this jacket is quite likely to remove the label, and thereby damage the appearance of the jacket. Accordingly, your client proposes to mark the jacket with a cardboard hangtag affixed through the plastic anchor tag. In addition to the country of origin, the cardboard label will indicate the fiber content, RN number and care instructions. You have enclosed a sample of the cardboard label which your client intends to use. The words "MADE IN HONG KONG" appear in large black bold letters.

ISSUE:

Is it acceptable to mark the country of origin of a reversible ladies' jacket on a cardboard hangtag affixed through the neck area by means of a plastic anchor tag?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), generally requires that articles 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. The marking must be conspicuous enough so that the ultimate purchaser will be able to find the marking easily and read it without strain. (Section 134.41, Customs Regulations (19 CFR 134.41)).

Although Customs has ruled in T.D. 54640(6) that shirts, blouses and sweaters, etc. 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, other methods have been approved in certain instances. For example, reversible garments may be marked by means of a label looped around the hanger of the garments provided the two label ends are firmly stitched together (T.D. 55015(4)). A cowl neck sweater with a neck which is too thick to go under the shoe of a sewing machine may be marked by means of a fabric label sewn on the waist seam instead of the neck, provided the marking is legible, permanent and conspicuous so that the ultimate purchaser can find the marking easily and read it without strain (HQ 709180, dated June 19, 1978). Finally, a woman's tee shirt consisting of a V-neck and a scoop neck which is designed to be worn with the scoop neck in either front or back, may be marked with the country of origin on the side seam (HQ 729107, dated November 13, 1985).

In the instant case, due to the problems noted above which would result if the country of origin label were sewn into the neck area or any other area of the reversible jacket, we find that another method of marking which is legible, conspicuous and permanent would suffice. We find that, in view of the reversibility feature of the submitted sample, the cardboard hangtag containing "MADE IN HONG KONG" in large block letters along with size, style, fiber content and washing instructions, affixed through the neck area by means of a plastic anchor tag satisfies these requirements. We are of the opinion that the label will be easy to find and will remain on the article until it reaches the ultimate purchaser.

We suggest you contact the Federal Trade Commission, 6th and Pennsylvania, NW. Washington, D.C. 20580, for information regarding whether the proposed method of marking is acceptable under the Textile Fiber Products Identification Act, as amended (15 U.S.C. 70).

HOLDING:

A ladies' reversible jacket may, for purposes of 19 U.S.C. 1304, be marked with the country of origin by means of a cardboard hangtag affixed through the neck area by means of a plastic anchor tag.

Sincerely,

Marvin M. Amernick

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