HQ 0732374 - Country of origin marking of transparent poly bags containing men's dress shirts - United States International Trade Commision Rulings

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HQ 732374
July 7, 1989

MAR-2-05 CO:R:C:V 732374 KG

CATEGORY: MARKING

G. M. Joseph
Joseph & Schiller Inc.
8725 N.W. 18th Terrace
Suite 301
Miami, Florida 33172

RE: Country of origin marking of transparent poly bags containing men's dress shirts

Dear Mr. Joseph:

This is in response to your letter of April 4, 1989, to N.Y. Customs requesting advice concerning the country of origin marking requirements for transparent poly bags in which men's dress shirts are imported and sold. Your letter was referred to this office for reply.

FACTS:

The shirts will be imported from various countries and will have a label displayed in the back-center of the neck band disclosing the country of origin. The shirts will be sold in transparent poly bags. Two bags were submitted to Customs for examination, both of which contain a trade name and shirt size on the front and washing instructions and other information on the back. One bag is printed with the words "Sold by Sears, Roebuck and Co., Chicago Il. 60684" and below that "TAILORED IN COSTA RICA" in print size larger than the Chicago address. The second bag is printed with the words "Distributed by J.C. Penney Company, Inc. Dallas, TX 75265-9000" and no country of origin information. You have asked if placing the phrase "refer to neck label for country of origin" immediately beneath the U.S. address on the bags will satisfy country of origin marking requirements.

ISSUE:

If transparent poly bags are printed with a U.S. address and the phrase "refer to neck label for country of origin" beneath the U.S. address on the bags and the bags contain men's dress shirts marked with the country of origin on the neck label, would this satisfy the marking requirements.

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. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.46, Customs Regulations (19 CFR 134.46),requires that when the name of any city or locality in the U.S., other than the name of the country or locality in which the article was manufactured or produced, appears 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 as to the actual origin of the imported article.

By a Customs Circular letter published as T.D. 54640(6), Customs held that on and after October 1, 1958, wearing apparel such as shirts, blouses, coats, sweaters, etc. must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area on some other manner. It is likely that an ultimate purchaser concerned about the country of origin of a men's shirt would look in the neck. Further, an ultimate purchaser of a men's dress shirt would look at the neck to check the shirt size, collar style and fabric content of the shirt. Assuming the label on the neck is not difficult to read and satisfies section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the ultimate purchaser of the men's dress shirt would be easily able to determine the country of origin without opening the packaging by reading the label on the neck through the transparent bag.

The ultimate purchaser would not be misled or deceived if the language "Refer to neck label for country of origin" was printed on the back of the bag immediately beneath the U.S. address of the importer and the ultimate purchaser could read the marking on the neck label on the front of the package. In fact, the ultimate purchaser would be less likely to notice the printed material on the back of the bag and more likely to have seen the country of origin on the neck of the shirt. Therefore, the language "Refer to neck label for country of origin" printed on the back of the bag immediately beneath the U.S. address satisfies 19 CFR 134.46 if the neck label is easily visible to the ultimate purchaser and satisfies 19 CFR 134.41(b).

HOLDING:

The language "Refer to neck label for country of origin" printed immediately beneath the U.S. address on the back of a transparent poly bag containing men's shirts satisfies 19 CFR 134.46 if the neck label is easily visible to the ultimate purchaser through the poly bag and satisfies 19 CFR 134.41(b).

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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