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HQ 735359


May 17, 1994

MAR-2-05 CO:R:C:V 735359 AT

CATEGORY: MARKING

Mr. Steve Bullard
Wrangler Co.
335 Church Court
Greensboro, North Carolina 27401

RE: Country of origin marking for imported children wearing apparel; T.D. 54640(6); T.D. 71-264(3).

Dear Mr. Bullard:

This is in response to your letter dated September 14, 1993, on behalf of Healthtex Co. ("Healthtex") concerning the acceptability of proposed country of origin markings for imported children wearing apparel. No samples of the merchandise with the proposed markings were submitted. We regret the delay in responding.

FACTS:

You state that Healthtex is planning to import infant and children wearing apparel manufactured in Guatemala into the U.S. The merchandise will be imported as sets (your terminology) consisting of a knit top (could be a polo type knit or t-shirt) with a knit bottom (a short or pant). You state that these two garments are always sold as a set and never individually. The garments will be made in size ranges for babies, infants and for children above 86 cm.

You propose to mark the sets by affixing an origin label in the center back neck area of the upper garment and not place an origin label on the short or pant. You have requested a ruling as to whether this proposed method of marking is an acceptable country of origin marking for the imported wearing apparel. If this proposed method is not acceptable, alternatively, you request that you be allowed to placed the origin label on the lower garment on the back seam of the garment 6 inches below the edge of the waist. You request this placement for the following reasons:

1. From consumer research, the waist placement has caused some skin irritation problems due to chaffing;

2. You are asking for the same placement as on bottoms you currently sell as separates. This allows for uniformity at retail, and

3. This would allow you to use the same manufacturing specifications as you use in the U.S. allowing you to operate a little more efficiently.

ISSUES:

Does the proposed country of origin markings 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. Section 134.1(d), Customs Regulations (19 CFR 134.1(d)) defines the "ultimate purchaser" generally as the last person in the United States who will receive the article in the form in which it was imported. In this case the ultimate purchaser of the imported weraing apparel is the one who purchases the merchandise at retail.

With respect to wearing apparel, Customs has set forth special marking requirements of where the country of origin of the garment must be indicated in order to be considered conspicuous to the ultimate purchaser.
Customs ruled in T.D. 54640(6) that shirts, blouses and sweaters must be marked by means of a fabric label sewn on the inside center of the neck midway between the shoulder seams or in that immediate area. Customs ruled in T.D. 71-264(3), that 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. Neither of these marking requirements provide exceptions for infant or children's wearing apparel.

With respect to your first suggestion that you be allowed to mark the upper garment in the requisite location and not mark the bottom garment, we find that this is not an acceptable country of origin marking for the imported garments. The bottom garments are either shorts or pants which are articles described in T.D. 71- 264(3). Thus, the bottom garment must be marked with its country of origin in accordance with T.D. 71-264(3), even though you state that the garments are always sold as sets (likely to be sold together). There are no exceptions, unless the garment is reversible, as is not the case here.

We cannot determine whether your alternative method of marking the wearing apparel (permanently affixing an origin label on the lower garment on the back seam of the garment up to 6 inches below the bottom edge of the waist) satisfies the marking requirements of T.D. 71-264(3) since a sample with the proposed marking was not submitted for review. However, in order for it to be an acceptable marking, the origin label must be easy to find and read upon a casual examination and permanently affixed (remain on the garment until it reaches the ultimate purchaser) to the garment. Provided these requirements are satisfied, the marking would satisfy T.D. 71-264(3) and would be an acceptable country of origin marking for the imported bottom garments.

HOLDING:

Bottom garments, consisting of infant or children's shorts and pants which are imported with upper garments as sets must be marked in accordance with the special marking requirements set forth in T.D. 71-264(3). Marking the upper garment in the requisite location with the country of origin and not the bottom garment is not an acceptable country of origin marking for the imported wearing apparel.

Sincerely,

John Durant, Director

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