HQ 0731558 - Country of Origin Marking Requirements Applicable to Textile Furnishings - United States International Trade Commision Rulings

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HQ 731558
August 16, 1988

MAR 2-05 CO:R:C:V 731558 LR

CATEGORY: MARKING

Ms. Glenda Bachman
Pier 1 Imports
301 Commerce Street
Fort Worth, Texas 76102

RE: Country of Origin Marking Requirements Applicable to Textile Furnishings

Dear Ms. Bachman:

This is in response to your letter dated June 28, 1988, requesting a ruling on the country of origin marking requirements applicable to certain textile furnishings.

FACTS:

Your company imports textile furnishings, i.e., tablecloths, placemats, and napkins, some of which are marked with the country of origin by means of a paper sticker label, and others by means of a textile sewn-in label. Representative samples were submitted. According to your letter, you have encountered considerable differences of opinion among Customs officers in the various ports of entry through which you import concerning whether or not sewn-in labels are required. You indicate that you are unable to locate any regulation or ruling that requires sewn-in labels for these types of products. A letter dated June 1, 1988, from the Federal Trade Commission offering its non-binding opinion that the placemats in question which are marked by means of a paper sticker label satisfy the permanency requirement of the Textile Fiber Products Identification Act, has also been submitted.

Please note that pursuant to section 177.1, Customs Regulations, this ruling is applicable only to prospective import transactions.

ISSUE:

Whether textile furnishings which are marked with the country of origin by means of a paper adhesive label are permanently marked within the meaning of 19 U.S.C. 1304.

LAW AND ANALYSIS:

Unless excepted, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, and permanently as the nature of the article will permit, in such manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article.

Section 134.41, Customs Regulations (19 CFR 134.41), 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; on earthenware be glazed on in the process of firing; and on paper articles be imprinted. However, section 134.44, Customs Regulations (19 CFR 134.44), provides that except for articles which are the subject of a ruling by the Commissioner of Customs or those articles classifiable in an item number specified in section 134.43, Customs Regulations (19 CFR 134.43) (not applicable here), any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless it is deliberately removed is acceptable. This section further provides that if paper sticker or pressure sensitive labels are used, they must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser.

We find that the paper sticker labels on the submitted samples are not sufficiently permanent. Each of these stickers is quite easy to remove and would not, in our opinion, survive normal handling and remain in place until the articles reach the ultimate purchaser. Due to the nature of the articles in question, which are made of heavy cotton and, in some cases, do not have an entirely flat surface, the paper labels do not adhere very well. If, however, the paper sticker labels were securely attached to the articles by some additional means, such as by stapling, we believe that the marking would be sufficiently permanent. The samples which are marked by means of sewn-in textile labels are marked in a sufficiently permanent fashion.

The non-binding opinion of the FTC concerning the acceptability of the labels for purposes of another statute is not binding on the Customs Service regarding our interpretation of 19 U.S.C. 1304.

HOLDING:

The submitted samples of textile furnishings which are marked with the country of origin by means of paper sticker labels are not permanently marked as required by 19 U.S.C. 1304 and Part 134, Customs Regulations. If the paper sticker labels were securely affixed by some additional means, such as by stapling, the marking would be sufficiently permanent. The submitted samples which are marked by means of a sewn-in textile label are permanently marked.

Sincerely,

Marvin M. Amernick

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