HQ 0734105 - Country of origin marking of raincoats packaged with their fabric tie belts. 19 CFR 134.41(b); T.D. 54640(6); T.D. 55015(4) - United States International Trade Commision Rulings

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HQ 734105

October 18, 1991

MAR-2-05 CO:R:C:V 734105 GRV

CATEGORY: MARKING

Sandra Liss Friedman, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016

RE: Country of origin marking of raincoats packaged with their fabric tie belts. 19 CFR 134.41(b); T.D. 54640(6); T.D. 55015(4)

Dear Ms. Friedman:

This is in response to your letter of February 20, 1991, on behalf of Junior Portrait Ltd., and addressed to the National Import Specialist in New York, requesting a ruling regarding the country of origin marking requirements applicable to imported packaged raincoats with tie belts. These garments have their tie belts looped through the hanger loop in the neck of the coats, which can partially and temporarily conceal the country of origin marking label sewn in the neck of the coats. Samples of raincoats with their belts were submitted for examination and will be returned under separate cover. Your letter was forwarded to this office on March 19, 1991, for a direct reply.

FACTS:

Various style raincoats (some with belt loops, but all with fabric tie belts) are manufactured in various countries by different manufacturers for export to the U.S. To prevent the loss of the respective tie belt, it is looped through the hanger loop in the neck of its raincoat--whether or not the garment has belt loops. The raincoats are then packaged on hanging contain- ers, i.e., on hangers covered with plastic sheeting, to prevent excess wrinkling. The country of origin of each raincoat is conspicuously located on a fabric label sewn on the inside center of the neck and printed on the plastic sheeting. (Based on the samples submitted, this fabric label is located some 6-7 inches below the hanger loops in the necks of the coats). This packaging arrangement covers the country of origin marking sewn into the neck area of the coats. To compensate for this marking condition, the country of origin is secondarily conspicuously denoted by a hang tag affixed to the sleeve end of each raincoat. Customs officials in New York have indicated that the packaged condition of the imported raincoats presents a conspicuousness (visibility) issue regarding the primary, sewn-in label.

You contend that shipping the garments in this fashion does not violate the country of origin marking requirements for three reasons: (1) the country of origin marking information sewn into the neck of each coat can be easily located by the consumer; (2) the tie belts will be removed from the hanger loops either by retailers, in the case of those raincoat styles with belt loops, or by consumers when they try on the particular raincoat; and (3) the country of origin is secondarily denoted by means of a hang tag affixed to the sleeves of the raincoats. Accordingly, you request a ruling concerning the packaged condition of the imported raincoats.

The National Import Specialist is of the opinion that the proposed method of shipping these coats allows the ultimate purchaser to readily see the country of origin upon a casual handling of the article, as required by 304 of the Tariff Act of 1930, as amended.

ISSUE:

Whether the packaged raincoats are conspicuously marked, such that an ultimate purchaser, upon a casual inspection of the merchandise, can easily find and read the country of origin marking as required by 19 U.S.C. 1304 and 19 CFR 134.41(b).

LAW AND ANALYSIS:

The marking statute, 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit in such a manner as to indicate to the ultimate purchaser the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

The primary purpose of the country of origin marking statute 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 CCPA 297, 302, C.A.D. 104 (1940). The clear language of 1304 requires 'conspicuous' marking, and to this end section 134.41, Customs Regulations (19 CFR 134.41), further provides, in part, that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

The "ultimate purchaser" is defined generally as the last person in the U.S. who will receive the article in the form in which it was imported. 19 CFR 134.1(d). Example (3) of this section provides that if an article is to be sold at retail in its imported form, the purchaser at retail is the "ultimate purchaser." (Emphasis supplied).

In T.D. 54640(6), 93 Treas.Dec. 301 (1958), Customs determined that, to be conspicuous, the country of origin marking of wearing apparel must be accomplished by means of a fabric label or label made from natural or synthetic film 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 in some other manner in order to be conspicuous within the meaning of 19 U.S.C. 1304. And in T.D. 55015(4), 95 Treas.Dec. 3 (1960), we stated that labels bearing the required marking looped around the hanger of reversible garments such as coats, jackets, and sweaters with the two label ends firmly stitched together is an acceptable form of marking, thus, extending the rule of T.D. 54640(6).

After examining the packaged raincoats submitted, we agree with the National Import Specialist that the primary country of origin marking sewn in the raincoats constitutes conspicuous marking, as it is readily discernible by ultimate purchasers with a casual handling of the article; the marking information appears in its usual location. And given that each raincoat is second- arily marked by means of a hang tag affixed to its sleeve and that the fabric tie belts are not permanently affixed to the raincoats, we find that the packaged raincoats are conspicuously marked within the meaning of 19 U.S.C. 1304 and 19 CFR 134.41(b), as the marking(s) are easy to find and read.

HOLDING:

Based on the samples submitted, the packaged raincoats imported are marked conspicuously enough so that ultimate purchasers can easily find and read their country of origin upon a casual inspection of the merchandise, as required by 19 U.S.C. 1304 and 19 CFR 134.41(b).

Sincerely,

John Durant, Director

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