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HQ 734098


July 5, 1991

MAR 2-05 CO:R:C:V 734098 AT

CATEGORY: MARKING

Gail T. Cumins, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C. 37 Broad Street
New York, N.Y. 10004

RE: Country of origin marking requirements for cashmere sweater; conspicuous; vertical marking

Dear Ms. Cumins:

This is in response to your letter dated March 25, 1991, on behalf of your client, Polo/Ralph Lauren Corporation, requesting a prospective binding ruling concerning the acceptability of the country of origin marking as depicted on the sample sweater submitted.

FACTS:

The submitted sample is a purple 100% cashmere sweater which your client Polo/Ralph Lauren Corporation, intends to import from Hong Kong. The sample sweater also has a sewn-in label in the neck area imprinted with the words "Polo by Ralph Lauren". The legend "Made in Hong Kong" appears parallel to the end of this label (i.e., vertically) and abutting a separate label indicating the size of the sweater "40". In order to read the "Made in Hong Kong" horizontally the sweater would have to be turned 90 degrees from its normal position. Immediately below this main label is a fiber content label printed with the words "100% Cashmere".

ISSUE:

Does the country of origin marking on the sewn-in label in the neck area that is printed vertically, i.e., oriented in a fashion that the sweater must be rotated 90 degrees from its normal position in order for the marking to be oriented in a normal reading position, satisfy the requirement that country of origin marking be conspicuous?
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 permanent 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 134.41, Customs Regulations (19 CFR 134.41), requires that the ultimate purchaser in the U.S. be able to find the marking easily and read it without strain.

In HQ 731024 (March 14, 1989), Customs ruled that newspaper supplements that were vertically marked with the country of origin satisfied the requirements of 19 CFR 134.41. In this ruling, Customs stated that since the test of marking sufficiency is that it appear in a conspicuous manner, not necessarily the most conspicuous, in some instances vertical marking may be conspicuous so long as the marking can be found easily and read without strain. In this case, although the sweater must be turned 90 degrees from its normal position in order to read the marking, we find that the words "Made in Hong Kong" vertically imprinted on the sewn-in main label are not obscured by any other labels, are fully visible, easy to find and can be read without strain. Therefore, this marking does satisfy the requirements of 19 CFR 134.41.

In addition, the sewn-in label which is marked with the words "Made in Hong Kong" depicting the country of origin satisfies Customs requirements for marking sweaters as provided in T.D. 54640(6). T.D. 54640(6) requires that shirts, blouses and sweaters 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. In this case, the label is made of fabric, is sewn on the inside center of the neck midway between the shoulder seams, is legibly and conspicuously marked with the country of origin "Made in Hong Kong". Therefore, all of the requirements stated above are satisfied.
HOLDING:

The method of marking the sample sweater with a sewn-in label vertically marked with the words "Made in Hong Kong" satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR 134.41.

Sincerely,

John Durant, Director

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