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HQ 735437


June 22, 1994

MAR-2-05 CO:R:C:V 735437 AT

CATEGORY: MARKING

Ms. Silvia Perez
M.G. Maher & Company, Inc.
One Canal Place
Suite 2100
New Orleans, Louisiana 70130

RE: Country of origin marking of imported shirts and trousers assembled in Honduras; 19 CFR 10.22; 19 CFR 134.41; T.D. 71-

264(3); T.D. 54640(6)

Dear Ms. Perez:

This is in response to your letters dated November 8 and 10 and December 16, 1993, on behalf of Red Kap Industries, Inc. ("Red Kap") requesting a ruling on acceptable country of origin markings for imported men's shirts and trousers from Honduras. A sample shirt and two pair of trousers were submitted with your letters. We regret the delay in responding.

FACTS:

You state that Red Kap intends to import men's shirts and trousers from Honduras into the U.S. The sample shirt (Style SP24LB) has a fabric label sewn on the inside center of the neck midway between the shoulder seams of the shirt. The label is marked with the words "Assembled in Honduras" in blue lettering approximately 4.5 point (a point is a unit of measurement approximately equal to 0.01384 inches or nearly 1/72 inches). Other information such as the fiber content and RN number appears on the fabric label. A second fabric label (orange color) is sewn into the collar directly below the first label indicating the size, style, fiber content and care instructions. Both of the sample trousers (Style PT10NV) have a fabric label sewn into the inside right waistband. The style number, size, fiber content and care instructions are printed on the fabric label. A second fabric label marked with the words "Assembled in Honduras" in blue lettering approximately 4.5 point is sewn either on the inside zipper 3 inches below the waistband or on the rear inner pocket directly below the rear waistband. Other information such as, the fiber content and RN number, appears on the label.

ISSUE:

Whether the proposed markings of the sample shirt and trousers satisfy the country of origin 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 its 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. Friedlander & Co., 27 C.C.P.A. 297 at 302; C.A.D. 104 (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(b), Customs Regulations (19 CFR 134.41(b), requires that the marking be placed so that an ultimate purchaser will be 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 men's shirts and trousers 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.

In this case, we find that the marking on the shirt satisfies the special marking requirements set forth in T.D. 54640(6) since a sewn in label marked with the country of origin "Assembled in Honduras" is affixed in the requisite location (inside center of the neck midway between the shoulder seams). Accordingly, the country of origin marking of the shirt satisfies the marking requirements provided in 19 U.S.C. 1304 and 19 CFR Part 134.

We also find that sample trousers which are marked by means of a fabric label sewn inside the zipper 3 inches below the waistband printed with the words "Assembled in Honduras" satisfies the special marking requirements set forth in T.D. 71- 264(3). Although, the origin label is not affixed to the inside of the waistband but instead is affixed to the inside zipper of the trousers, in our opinion, this location is conspicuous. See, HQ 733701, October 9, 1990; a fabric label sewn into a pair of shorts 2 1/2 inches from the waistband and 2 1/2 inches from the zipper marked with the words "Made in Hong Kong" satisfied the special marking requirements of T.D. 71-264(3). The fabric label is prominently located on the trousers in that it can be easily seen and read upon a casual examination. Also, if one was to try the trousers on for size, he would see the fabric label since it is directly inside the trousers zipper seam. Accordingly, the country of origin label sewn into the inside zipper 3 inches below the waistband of the trousers, marked in the manner described above, satisfies the marking requirements provided in 19 U.S.C. 1304 and 19 CFR Part 134.

With respect to the sample trousers marked by means of a fabric label sewn on the rear inner pocket of the trousers directly below the rear waistband we find that the marking does satisfy the special marking requirements of T.D. 71-264(3). The fabric label is prominently located on the trousers in that it can be easily seen and read upon a casual examination. Also, if one was to try the trousers on for size, he would see the origin label since it is located near the label marked with the size of the garment. Accordingly, the country of origin label sewn on the rear waistband of the trousers, marked in the manner described above, satisfies the marking requirements provided in 19 U.S.C. 1304 and 19 CFR Part 134. The marking "Assembled in Honduras" is an acceptable country of origin marking for the men's shirts and trousers provided that the articles are entitled to an exemption under subheading 9802.00.80, HTSUSA, and the conditions set forth in Section 10.22, Customs Regulations (19 CFR 10.22) are satisfied. Section 10.22 provides that:

Assembled articles entitled to the exemption are considered products of the country of assembly for the purposes of the country of origin marking requirements of section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304). If an imported assembled article is made entirely of American-made materials, the United States origin of the material may be disclosed by using a legend such as "Assembled in --- from material of U.S. origin," or a similar phrase.

Accordingly, if the imported men's shirts and trousers are eligible to be imported under subheading 9802.00.80, the origin marking "Assembled in Honduras" is an acceptable country of origin marking.

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 proposed country of origin marking ("Assembled in Honduras") on the imported men's shirt, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, provided that the shirts are eligible for a duty exemption under subheading 9802.00.80, HTSUSA.

The same country of origin marking on the imported men's trousers located on the inside zipper 3 inches below the waistband of the trousers or on the rear pocket directly below the rear waistband of the trousers, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, provided that the trousers are eligible for a duty exemption under subheading 9802.00.80 HTSUSA.

Sincerely,

John Durant, Director
Commercial Rulings Division

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