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HQ 734692


October 31, 1992

MAR-2-05 CO:R:C:V 734692 KR

CATEGORY: MARKING

Sam Lin
Oceanland
2721 W. Valley Blvd.
Alhambra, CA 91801

RE: Country of origin marking an wearing apparel imported from Hong Kong and marked "British Hong Kong".

Dear Mr. Lin:

This is in response to your letter on behalf of La Mode Du Golf, Inc., dated May 5, 1992, requesting a country of origin ruling regarding reversible jackets, tri-tone jackets and pants, where the country of origin marking appears on the inside pocket of the reversible jacket, on the neck of the tri-tone jacket and on the waist band of the pants and reads "MADE IN BRITISH HONG KONG". Drawings of the apparel and the hang tags you intend to use were submitted for examination.

FACTS:

You state that you intend to import reversible jackets, tri- tone jackets and pants from Hong Kong to Los Angeles, CA. You state that you wish to place a textile combination label showing the fibre content, country of origin, care, size, and R/N sewn inside of the pocket of a reversible jacket style number LS-404. A paper hang tag will be attached to the zipper which will also have the manufacturer, style, and country of origin printed on one side and the fibre content and the care instructions printed on the other side. The country of origin of all the products is printed as "MADE IN BRITISH HONG KONG".

A tri-tone jacket style number LS-403 will have the same type of textile combination tag sewn into the shoulder of the jacket. The neck of the jacket will have a label containing the manufacturer's name and the country of origin. A paper hang tag similar to that described above for the reversible jacket will be attached to the zipper for this jacket also.

Four styles of pants, LS-600, LS-650, LS-603, and LS-690, will be imported with a joker tag sewn to the outside of the waist band which contains the trade name and country of origin of the pants. A textile combination label containing the country of origin will be sewn on the inside of the waist band.

ISSUE:

1. Whether "British Hong Kong" is a valid country of origin designation.

2. Whether a reversible jacket may have a country of origin marking on the inside of a pocket and attached to a zipper, instead of at the neck.

3. Whether placing a country of origin marking in the waistband of pants and in the neck and on the zipper of a jacket satisfies Customs 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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 12.130, Customs Regulations (19 CFR 12.130), sets forth the principles for country of origin determinations for textile and textile products.

In C.S.D. 80-20 (June 26, 1979), Customs allowed the use of "MADE IN BRITISH COLONY OF HONG KONG" to be used as the country of origin designation. Similarly in T.D. 55907 (June 3, 1963), Customs allowed a marking reading "MADE IN BRITISH CROWN COLONY OF HONG KONG". In C.S.D. 79-36 (July 24, 1978), Customs ruled that the printing on a label was not of the required comparable size pursuant to 19 CFR 134.46 but apparently found no problem with the wording of the marking which read "Made in British Hong Kong". In this case we find that Oceanland may use "British Hong Kong" as a valid country of origin designation.

Customs has long held that the appropriate place for a garment for the torso to be marked is in the nape of the neck. In T.D. 4640(6) (1958), Customs ruled that the country of origin marking must be placed on the "inside center of the neck midway between the shoulder seams or in that immediate area". HQ 734105 (October 18, 1991); see, HQ 734107 (May 15, 1991). In certain circumstances Customs has allowed an exception to this rule. In HQ 733890 (December 31, 1990), Customs allowed a marking to be placed on a lower seam because the item was reversible. In another case, C.S.D. 80-109 (September 21, 1979), Customs ruled that because the linings at the neck of the coats were not conducive to the sewing of a label that the label could be placed on the inner facing near the button holes. That case also cites ORR ruling 638-69 (January 2, 1979), which held that suit jackets, overcoats, and sport coats may be marked with a label affixed over or below the inside pocket if such marking is included on or is in close proximity to the brand name label affixed to the coat in that area.

The reversible jacket will fall within the exception to the neck marking requirements. The reversible jacket will be marked with two country of origin labels, one sewn into the inside of the pocket, and one on a hang tag attached to the zipper. We find that this is sufficient marking. See HQ 733890 supra; see also C.S.D. 80-19 supra. The tri-tone jacket will have a country of origin marking on the neck of the jacket and on a hang tag attached to the zipper. We find that this marking meets the general requirements pursuant to T.D. 4640(6) (1958).

In T.D. 71-264(3) Customs ruled that "marking of 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." See also HQ 734294 (March 20, 1992). Therefore, in this case, we find that the four styles of pants which will be marked at the waistband meet the country of origin marking requirements.

We are only ruling on the country of origin marking requirements. It should be noted also that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the labels for the jackets and pants satisfy such requirements.

HOLDING:

We find that "British Hong Kong" is an acceptable country of origin designation. The reversible jacket, the tri-tone jacket and the four styles of pants, as described above, satisfy the requirements of 19 U.S.C. 1304, 19 CFR Part 134, 19 CFR 12.130, T.D. 4640(6), C.S.D. 80-19, HQ 733890, and T.D. 71-264(3).

You should contact the Federal Trade Commission as to whether the sample labels satisfy the requirements of the Textile Fiber Identification Act.

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in 177.9(b)(1), Customs Regulations (19 CFR 177.9(b)(1)). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated in the ruling letter, either directly, by reference, or by implication is accurate and complete in every material respect. Should it subsequently be determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished this may affect the determination of country of origin. Accordingly, it is recommended that a new ruling request be submitted in accordance with 177.2, Customs Regulations (19 CFR 177.2).

Sincerely,

John Durant, Director
Commercial Rulings Division


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