HQ 0734031 - Country of origin marking of imported shirts; tailored in - 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 > 1993 HQ Rulings > HQ 0733760 - HQ 0734297 > HQ 0734031

HQ 734031
May 20, 1991

MAR-2-05 CO:R:C:V 734031 KG

CATEGORY: MARKING

Patrick D. Gill, Esq.
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017

RE: Country of origin marking of imported shirts; tailored in

Dear Mr. Gill:

This is in response to your letters of January 28, and February 15, 1991, requesting a country of origin ruling on behalf of Capital-Mercury Shirt Corporation regarding imported shirts. At your request, a conference was held with you on this matter.

FACTS:

Your client will import men's shirts bearing the "Bill Blass" label. Your client proposes to indicate the country of origin of the shirts by using the phrase "Tailored in________" on the labels which are sewn into the shirt.

ISSUE:

Whether the phrase "Tailored in" to designate the country of origin of the imported shirts 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. Country of origin is defined in 19 CFR 134.1(b) as the country of manufacture, production, or growth of any article of foreign origin entering the U.S. The question presented in this case is whether the phrase "Tailored in" indicates that the article was made in the named country, as required by 19 U.S.C. 1304.

A Customs Headquarters letter dated August 7, 1959, circulated by the Customs Information Exchange ("C.I.E.") as C.I.E. 1205/59 (August 20, 1959), states that "Shirts legibly and conspicuously marked in collar with sewn label containing words "Custom Tailored in Japan" and additional cloth label sewn below with words "Sears Roebuck & Co., Inc., U.S.A." meets marking requirements of section 304." This C.I.E. treats the phrase "Custom Tailored in Japan" as synonymous with the phrase "Made in Japan."

In C.S.D. 89-37 (December 1, 1988), Customs accepted the phrase "Fabric made in U.S.A. Tailored in Honduras" to indicate that the country of origin of the article was Honduras. Further, shirt manufacturers have used the phrase "Tailored in" to mean "Made in" for mens shirts and it has that connotation within the industry. In accordance with this ruling and the treatment of "Tailored in" in C.I.E. 1205/59, we hold that the phrase "Tailored in" to connote country of origin is acceptable for men's shirts.

HOLDING:

The term "Tailored in" to designate the country of origin of imported men's shirts satisfies the requirements of 19 U.S.C. 1304.

Sincerely,

John Durant
Director,
Commercial Rulings Division

Previous Ruling Next Ruling