HQ 0732066 - Country of origin marking requirements for jackets which consist of a liner made in the U.S. and a shell imported from one of three alternative foreign countries - United States International Trade Commision Rulings

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HQ 732066

March 2, 1989

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

CATEGORY: MARKING

Mr. James F. O'Hara
Stein Shostak Shostak & O'Hara
Suite 1240
3580 Wilshire Boulevard
Los Angeles, CA 90010-2597

RE: Country of origin marking requirements for jackets which consist of a liner made in the U.S. and a shell imported from one of three alternative foreign countries

Dear Mr. O'Hara:

This is in response to your letters of January 11 and 26, 1989, on behalf of your client, Columbia Sportswear, Inc., requesting a ruling on country of origin marking requirements for garments consisting of imported and domestic pieces.

FACTS:

The subject garment is described as an interchange jacket which consists of a removable liner made in the U.S. and an outer shell made in either Korea, Taiwan or the Philippines. Samples of the garment and hangtag have not been submitted. You state that at the time of importation the shells are marked to indicate the appropriate country of origin. After importation the domestic liners are zipped into the imported shells, obscuring the country of origin labels on the imported shells. Two alternative methods of marking have been proposed. The first method is to attach a hangtag to the finished garment. The following words would be printed on the hangtag: "Liner is made in the U.S.A., Shell is made in ___ Korea, ___ Taiwan, ___ Philippines." The worker who zips the liner into the shell would place a checkmark in the space indicating the appropriate country of origin of each shell. The alternative method is to attach a hangtag to the shell before it is attached to the liner. On one side of the hangtag would appear the following: "Liner is made in U.S.A., Shell is made in_____(actual country of origin)." On the backside of the hangtag would be information regarding size and gender of the garment.

Issue:

Whether the proposed country of origin marking on the subject 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), requires 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 will permit in such a manner as to indicate to an 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 134.14(a), Customs Regulations, provides:

When an imported article is of a kind which is usually combined with another article after importation but before delivery to an ultimate purchaser and the name indicating the country of origin of the article appears in a place on the article so that the name will be visible after such combining, the marking shall include, in addition to the name of the country of origin, words or symbols which shall clearly show that the origin indicated is that of the imported article only and not that of any other article with which the imported article may be combined after importation.

In the instant case, the proposed markings satisfy the requirements of 19 CFR 134.14(a) in that the country of origin of the imported article would be clearly indicated so as to distinguish that part of the garment from the domestic part with which it is combined after importation. However, it is not clear from the description of the proposed hangtags, whether the country of origin marking would be sufficiently conspicuous. Certainly, if the information regarding country of origin is set off from any other information that may appear on the hangtag, and is in lettering that contrasts with the background and is at least 1/8 inch in size, this would be acceptable.

With regard to the use of a hangtag, Customs has ruled in T.D. 54640(6) that shirts, blouses, coats and sweaters must be legibly and conspicuously 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 or otherwise permanently marked in that area in some other manner. The jacket in this case has been described as an interchange garment, i.e., it may be worn with or without its zip-in liner. It is assumed, although it has not been specifically asserted, that this feature prevents the use of a neck label. Customs has allowed that certain 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)). Consequently, the proposed hangtags would be acceptable if each is attached with sufficient permanence so as to remain with the garment until it reaches the ultimate purchaser.

Lastly, it is noted that the proposed hangtags indicate that the removable liner is made in the U.S.A. The use of legends such as "Made in the U.S.A." on textile products is governed by the Textile Fiber Products Identification Act (15 U.S.C. 70), which is administered by the Federal Trade Commission (FTC). Since we do not issue rulings or decisions interpreting FTC guidelines, we suggest you contact the Federal Trade Commission, 6th and Pennsylvania, NW, Washington, D.C. 20580, for information regarding use of the words "Made in the U.S.A." on the proposed hangtags.

HOLDING:

An interchange jacket which consists of a removable liner made in the U.S. and an imported shell may, for purposes of 19 U.S.C. 1304, be marked with the country of origin by means of the proposed hangtags. Each of the proposed hangtags must meet all the specifications noted above, to be in full compliance with 19 U.S.C. 1304.

Sincerely,

John Durant, Director
Commercial Rulings

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