HQ 0735418 - Country of Origin Marking of Trousers; Conspicuous Location. - United States International Trade Commision Rulings

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HQ 735418

February 3, 1994

MAR-2-05 CO:R:C:V 735418 RC

CATEGORY: MARKING

Mr. Robert Persily
Freight Brokers International, Inc.
1200 Brunswick Avenue
Far Rockaway, New York 11691

RE: Country of Origin Marking of Trousers; Conspicuous Location.

Dear Mr. Persily:

This is in response to your letter of October 7, 1993, on behalf of J. Crew, Inc., requesting a ruling on the country of origin marking requirements for trousers manufactured in Honduras and imported into the U.S.

FACTS:

The submitted sample has a label sewn into an interior side seam indicating the size "32/32, MADE IN HONDURAS, CARE OVER", the opposite side of the label says, "MADE IN HONDURAS, CARE OVER". There are no care instructions. The words appear in approximately 9 points. A point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 inch, and all type sizes are multiples of this unit.

ISSUE:

Whether the proposed marking on the trousers appears in a conspicuous location to satisfy the requirements of 19 U.S.C. Section 1304.

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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), provides that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

In T.D. 71-264(3) (August 18, 1970), Customs determined that trousers ... shall be marked to indicate the country of origin by means of a permanent label affixed in a conspicuous location on the garments, such as the inside of the waistband. Marking by means of paper labels sewn or otherwise attached to the garments will not be acceptable.

Thus, the trousers must be marked by means of a fabric label sewn in a conspicuous place. The Treasury Decision does not require the label to appear on the waistband, but in a conspicuous place, such as the waistband.

Here, the label sewn into the interior seam indicates the trousers are "MADE IN HONDURAS" on both sides. The label also sets forth the size of the garment. It is the only reference to the size on the sample. The size is important consumer information. As such, it is likely that the ultimate purchaser will inspect the label. Therefore, we find the label sewn into the side seam two inches below the waistband to be in a conspicuous location for Customs purposes. However, if you choose to indicate the size elsewhere on the garment as well, then we would require the country of origin marking to appear in that location also.

HOLDING:

The country of origin marking on the submitted sample trousers is sufficient to meet the requirements of 19 U.S.C. Section 1304 and Part 134, Customs Regulations. We note that the Federal Trade Commission (FTC) regulates textile label durability and affixing methods. The FTC also regulates how information is to be arranged and disclosed, including use of fiber trademarks and generic names. Here, it appears that some of the FTC requirements are not met. We suggest you consult the FTC and those regulations for confirmation.

Sincerely,

John Durant, Director
Commercial Rulings Division

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