HQ 0735514 - Country of origin marking of shirts; conspicuous location; off-center; 19 CFR 134.41(b) - United States International Trade Commision Rulings

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HQ 735514

July 15, 1994

MAR-2-05 CO:R:C:S 735514 MLR

CATEGORY: MARKING

R. Brian Burke, Esq.
Rode & Qualey
295 Madison Avenue
New York, NY 10017

RE: Country of origin marking of shirts; conspicuous location; off-center; 19 CFR 134.41(b)

Dear Mr. Burke:

This is in reference to your letter of February 22, 1994, requesting a ruling on behalf of Capital Mercury Shirt Corporation, regarding the country of origin marking requirements of certain mens' shirts. Samples of two shirts were submitted with your request.

FACTS:

The samples submitted are short-sleeved mens' woven cotton shirts. The shirts have a button-down collar and a full-frontal opening, secured by buttons. A fabric registered brand name label measuring approximately 2 1/2" by 1" is permanently sewn on the inside center of the neck midway between the shoulder seams, approximately 1/3" below the collar seam. Immediately to the right of this brand name label (when viewing the shirt from the front) a second fabric label, measuring 3/4" x 1" is permanently sewn to the collar seam. The front of this label sets forth the shirt's size, fiber content, country of origin (either "Made in Kenya" or "Made in Sri Lanka"), and the RN number. The reverse of the label contains the FTC care information. The country of origin information appears in a contrasting color from the label fabric, in approximately 7 point lettering, which is of equal size to the fiber content, size, and RN number lettering. These shirts are imported and will be sold on semi-opaque plastic hangers.

ISSUE:

Whether the country of origin marking on the imported shirts in the manner described above satisfies the requirements of 19 CFR 134.41 for conspicuous marking.

LAW AND ANALYSIS:

The marking statute, section 304, 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. 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. Friedlaender & Co. Inc., 27 CCPA 297, 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. As provided in section 134.41(b), Customs Regulations {19 CFR 134.41(b)}, 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.

Customs ruled in T.D. 54640(6) (July 15, 1958), that shirts, blouses, coats, sweaters and similar wearing apparel must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area or otherwise permanently marked in that area in some other manner.

In Headquarters Ruling Letter (HRL) 734878 dated May 21, 1993, Customs ruled that a girl's jacket which contained a brand label sewn into the center of the neck midway between the shoulder seams, and a second label bearing the country of origin marking, size, and fiber content information sewn immediately below the brand label satisfied the marking requirements. Customs found that the country of origin label which was affixed 4 1/2" from the neck seam was "in the immediate area" of the neck and shoulders, as required by T.D. 54640(6). It was also noted that the country of origin label would be easily found by an ultimate purchaser because information such as the size and fiber content is printed on the label, and a purchaser would definitely want to know and read this information prior to making a purchasing decision.

Similarly in this case, the samples of the shirts submitted each contain a fabric label with the country of origin information permanently sewn approximately 1" to 1 1/2" from the center of the shirt. This is the usual location for this type of label, and the country of origin label would be easily found by an ultimate purchaser upon a casual inspection of the garment since the country of origin marking appears on the same label, in equal size lettering to the size and fiber content information which a consumer would want to know and read prior to making a purchasing decision. Also, the country of origin marking, "Made in Kenya" or "Made in Sri Lanka", can be easily seen and read by an ultimate purchaser since it is printed in a contrasting color from the label fabric and is in approximately 7 point lettering. Based on these considerations, we find that the samples of the shirts submitted are marked in the immediate area of the neck and shoulders as required by T.D. 54640(6), and are marked to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

HOLDING:

On the basis of the information and samples submitted, we find that the country of origin marking of the imported shirts, in manner described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

John Durant, Director

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