HQ 0735233 - Country of origin marking for imported wearing apparel; U.S. reference; comparable size lettering; 19 CFR 134.46 - 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 > 1994 HQ Rulings > HQ 0735144 - HQ 0735271 > HQ 0735233

HQ 735233

January 28, 1994

MAR-2-05 CO:R:C:V 735233 AT

CATEGORY: MARKING

Mr. Marc S. Greenberg
American Shipping Company
600 Sylvan Avenue, P.O. Box 1486
Englewood Cliffs, New Jersey 07632

RE: Country of origin marking for imported wearing apparel; U.S. reference; comparable size lettering; 19 CFR 134.46

Dear Mr. Greenberg:

This is in response to your letter dated April 21, 1993, on behalf of Daniel Lewis Ltd. ("Daniel Lewis"), forwarded to our office by the New York Seaport by memo dated June 21, 1993, concerning the acceptability of a proposed country of origin marking for imported wearing apparel. A photocopy of the proposed marking was submitted, however a marked sample with the proposed marking was not submitted for our review. We regret the delay in responding.

FACTS:

You state that Daniel Lewis intends to import wearing apparel from various foreign countries into the U.S. Daniel Lewis would like to mark each garment with the company name and location by means of a sewn in label, as illustrated by the submitted photocopy of the proposed marking. The marking will consist of two labels which will be sewn into the garment. The first label is marked with the words "Daniel Lewis" in lettering approximately 9 point (a point is a unit of measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit). The words "New York" appear directly below in lettering approximately 5 point, although they are spaced farther apart in the following manner "N E W Y O R K". The second label is marked on the front side with the words "Made in China" in lettering approximately 5 point. Other information such as the size, fiber content, RN number also appear on this side of the label. Care instructions are printed on the back side of the second label. You state that each of the two labels will be sewn into the imported garment in a conspicuous spot as already accepted by Customs based on the type of garment. You also state that the "Made in China" will be sewn immediately to the side of the first label. You ask whether the proposed marking is an acceptable country of origin marking for the imported wearing apparel.

ISSUE:

Does the proposed country of origin marking on the submitted sample labels marked in the manner described above satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134?

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. 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.

As provided in section 134.41, Customs Regulations (19 CFR 134.41), the country of origin marking is considered to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. You state that each of the two labels will be sewn into the imported garment in a conspicuous spot as already accepted by Customs based on the type of garment. However, because a sample garment marked with the proposed marking was not submitted for our review, we can not determine whether the origin marking printed on the second label is conspicuously located on the garment.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the imported goods.

The special marking requirements set forth in section 134.46 are triggered by the presence of the words "New York" printed on the first label. Accordingly, the actual country of origin of the garment printed on the second label must appear "in close proximity" to the U.S. reference and in lettering of at least a comparable size. In this case, we find that the words "Made in China" which appear on the second label are in lettering of at least a comparable size as to the U.S. reference "New York". Even though the "New York" lettering is spaced farther apart than the "Made in China" lettering, both are printed in comparable size lettering in that each is printed in lettering approximately 5 point. Therefore, the comparable size lettering requirement of 19 CFR 134.46 is satisfied.

You state that the second label will be sewn immediately to the side of the first label. Although, a sample garment marked with the proposed marking was not submitted for our review, assuming that the second label marked "Made in China" is attached immediately next to the first label printed with the U.S. reference "New York", the close proximity requirement of 19 CFR 134.46 would be satisfied. Thus, the second label marked with the country of origin "Made in China" satisfies the requirements of 19 CFR 134.46, provided the label is attached immediately next to the first label marked "New York".

It should be noted 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. Fiber content labelling is covered under the Textile Fiber Products Identification Act. 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 proposed marking for the imported garments satisfies such requirements.

HOLDING:

The country of origin marking of the wearing apparel satisfies the requirements of 19 CFR 134.46, provided the origin label (second label) is attached immediately next to the first label marked "New York". The proposed origin marking described above satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134, provided it is conspicuously and permanently attached to the garment in an acceptable location.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling