HQ 0731600 - Country of origin marking requirements for ladies' knit top - United States International Trade Commision Rulings

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HQ 731600
November 15, 1988

MAR 2-05 CO:R:C:V 731600 LR

CATEGORY: MARKING

Scott A. Cohn, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman 16 East 49th Street
New York, N.Y. 10017

RE: Country of origin marking requirements for ladies' knit top

Dear Mr. Cohn:

This is in response to your letter of July 15, 1988, on behalf of your client, Mast Industries, requesting a binding ruling concerning country of origin marking requirements for a ladies' knit top.

FACTS:

The submitted sample is a ladies' green knit top composed of 70% lambswool, 20% angora, and 10% nylon and will be imported from Hong Kong. The top has no pockets, contains three-quarter length sleeves and has a full frontal opening which is secured by eight buttons along the front placket up to the rib-knit collar. The garment is reportedly designed to be worn either with the buttons in the front or "backwards" with the buttons in the back. The country of origin appears on a permanently sewn-in label on the inside of the lower side seam approximately 4 1/2 inches from the bottom of the sweater and several inches above the knitted waistband area. In addition to the country of origin, the label indicates the fiber content, RN number, and care instructions.

ISSUE:

Is it acceptable to mark the country of origin on a ladies' knit top that is designed to be worn "frontwards" and "backwards" on a label sewn on the inside of the lower side seam approximately 4 1/2 inches from bottom of the sweater and several inches above the knitted waistband?

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 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, it is argued that based upon the fact that the garment is designed to be worn in both the traditional "frontward" and non-traditional "backward" manner, it would be impractical to place a permanent country of origin label in the neck area. You indicate that a sewn-in label affixed to the rear of the neck would become an irritant to the wearer when the garment is worn in the "backward" fashion. In addition, you claim that any attempt by the ultimate purchaser to remove such a label would cause damage to the appearance and construction of the garment.

Based on the problems that would result if the garment were required to be marked in the neck area, we find that it is acceptable to place the country of origin label in some other conspicuous location. Although we believe that placement of the label in the side seam near the bottom of the sweater would generally be considered conspicuous, the country of origin label on the submitted sample, is 4 1/2 inches from the bottom of the sweater, is difficult to find and is not sufficiently conspicuous within the meaning of 19 U.S.C. 1304 and 19 CFR 134.41. This is especially true considering the fact that the country of origin label appears in a location other than the usual neck location where the ultimate purchaser would be expected to look.

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

HOLDING:

A ladies' knit top which is reversible in that it is designed to be worn either with the buttons in the front or in the back may, for purposes of 19 U.S.C. 1304, be marked with the country of origin by means of a fabric label sewn in a conspicuous location of the garment other than the neck area of the garment. The submitted sample which is marked by means of a fabric label sewn into the side seam approximately 4 1/2 inches from the bottom of the sweater and several inches above the knitted waistband is not sufficiently conspicuous.

Sincerely,

Marvin M. Amernick

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