HQ 0732975 - Country of origin marking of imported reversible tank top - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0732822 - HQ 0733678 > HQ 0732975

HQ 732975
March 13, 1990

MAR-2-05 CO:R:C:V 732975 KG

CATEGORY: MARKING

Ms. Martha Kleckner
Bonaventure Textiles U.S.A. Inc.
1407 Broadway
New York, New York 10018

RE: Country of origin marking of imported reversible tank top

Dear Ms. Kleckner:

This is in response to your letter of October 25, 1989, addressed to our New York office requesting a country of origin ruling regarding imported reversible tank tops.

FACTS:

The imported tank top is a reversible garment which is designed to be worn with either side out. One side of the tank top is purple while the other side is aqua. Because the tank top is reversible, the importer has no tag sewn into the garment. A hangtag is attached to the neck area of the garment which contains the brand name, the material content, the country of origin mark, the RN number, laundering information, the style number, the color and the size of the garment.

ISSUE:

Whether marking the country of origin of a reversible garment on the hangtag rather than the garment satisfies section 304 of the Tariff Act of 1930, as amended.

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. The Court of International Trade stated in Koru North America v. United States, 701 F.Supp. 229, 12 CIT (CIT 1988), that: "In ascertaining what constitutes the country of origin under the marking statute, a court must look at the sense in which the term is used in the statute, giving reference to the purpose of the particular legislation involved. The purpose of the marking statute is outlined in United States v. Friedlaender & Co., 27 CCPA 297 at 302, C.A.D. 104 (1940), where the court stated that: "Congress intended 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."

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), requires that the marking be conspicuous enough that ultimate purchaser will be able to find the marking easily and read it without strain.

Customs 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. Nevertheless, Customs has allowed some leeway for reversible garments that are otherwise conspicuously and legibly marked. In HQ 731513 (November 15, 1988), Customs allowed a reversible ladies' jacket to be marked with the country of origin on a paper hangtag attached to the neck area of the garment. In the ruling, Customs considered the fact that the jacket was designed to be reversible but that removal of a fabric label sewn into the jacket could damage the jacket. The reversible tank top involved in this case is also designed to be wearable on both sides and sewing a fabric label into the garment would require the wearer to remove the label. Such removal could damage the garment. Therefore, marking the country of origin of this garment on the hangtag attached to the neck area along with the RN number, size, style and washing instructions is acceptable.

The Textile Fiber Identification Act is under the jurisdiction of the Federal Trade Commission ("FTC"). Any question related to an interpretation of this act should be referred to the FTC.

HOLDING:

Marking the country of origin of this imported reversible garment on a cardboard hangtag attached to the neck area of the garment satisfies 19 U.S.C. 1304.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

Previous Ruling Next Ruling