HQ 0733701 - Country of origin marking of imported trousers and shorts; conspicuous; T.D. 71-264(3); 19 CFR 134.41(b). - United States International Trade Commision Rulings

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HQ 733701
October 9, 1990

MAR-2-05 CO:R:C:V 733701 KG

CATEGORY: MARKING

Ms. Roslyn Rice
Styl-Land, Inc.
4465 Corporate Center Drive
Los Alamitos, California 90720

RE: Country of origin marking of imported trousers and shorts; conspicuous; T.D. 71-264(3); 19 CFR 134.41(b).

Dear Ms. Rice:

This is in response to your letter of June 20, 1990, requesting a country of origin ruling regarding imported trousers and shorts. A sample pair of shorts was submitted for examination. Your letter was referred to this office for response.

FACTS:

The sample pair of shorts submitted have a paper label sewn into the material about 2 1/2 inches from the waistband and 2 1/2 inches from the zipper. The label contains the phrase "Pacific Coast Highway PCH" and immediately below it, the fabric content and the phrase "Made in Hong Kong" in yellow lettering about 1/8 inch in height. You intend to use a fabric label in place of the paper one if the location of the label is approved by Customs. You also asked about the placement of the style/size label. Customs has no legal requirements regarding the placement of the style/size label and therefore, this question is not addressed in the ruling.

ISSUE:

Whether the placement of the country of origin label on the imported shorts satisfies the country of origin 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. 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. 71-264(3) that trousers, slacks, jeans and similar wearing apparel must be marked by means of a permanent label affixed in a conspicuous location on the garment, such as the inside of the waistband. A paper label is not acceptable. Nevertheless, Customs has allowed some leeway for reversible garments that are otherwise conspicuously and legibly marked.

Although the country of origin label on the sample is not affixed at the waistband, the label is prominently located, and the country of origin marking is in yellow-colored lettering of adequate size. The label is securely sewn into the fabric and you indicated that the actual imported products will contain fabric labels, not paper labels. Based on these considerations, we find that the proposed country of origin marking on the sample shorts would satisfy the requirements of T.D. 71-264(3) and 19 CFR 134.41(b).

HOLDING:

The sample shorts, marked as described above, satisfies the requirements of T.D. 71-264(3) and 19 CFR 134.41(b).

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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