HQ 735517 - Country of origin marking of imported wearing apparel; ladies knit pullover top; 19 CFR 134.41; T.D. 54640(6); HQ's 731600, 729107 - United States International Trade Commision Rulings

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HQ 735517

MAR-2-05 CO:R:C:S 735517 AT

CATEGORY: MARKING

Area Director of Customs
New York Seaport
6 World Trade Center
New York, New York 10048

RE: Country of origin marking of imported wearing apparel; ladies knit pullover top; 19 CFR 134.41; T.D. 54640(6); HQ's 731600, 729107

Dear Sir:

This is in response to your memorandum of February 22, 1994, forwarding a request by American Shipping Company ("American Shipping") dated January 19, 1994, on behalf of Design Liaison Inc. ("Design") for a ruling on acceptable country of origin markings for imported ladies abbreviated silk knit pullover tops from either China or Hong Kong. A sample was submitted with your memo. We are treating your memo as a request for internal advice. We regret the delay in responding.

FACTS:

Design intends to import 100 percent silk ladies abbreviated pullover tops from either China or Hong Kong into the U.S. The submitted sample top has an open collar and open sleeves. The abbreviated top is so constructed, that, as stated by Angela De Gaetano (NIS, New York Seaport), it can be worn either front to back or back to front. A paper hangtag is affixed to the inside center of the neck midway between the shoulder seams by means of a string. The words "Made in China" are printed on the tag in black lettering approximately 7 points (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 the RN number also appear on the hangtag. A second label is sewn inside the side seam of the top approximately 2 1/2 inches from the bottom of the top. The words "Made in China" are printed on the label in gold lettering approximately 6 points. Other information such as the size, fiber content, RN number and care instructions also appear on the label.

American Shipping has asked whether marking the abbreviated tops with the sewn-in origin label inside the side seam and affixing a hangtag to the neck area of the top is an acceptable country of origin marking since the top can be worn front to back or back to front and a sewn-in label at the neck area would not only be detrimental to the appearance when worn front to back but would also be uncomfortable to the wearer.

ISSUE:

Whether the proposed marking of the sample abbreviated tops satisfies 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 conspicuous enough that an ultimate purchaser will be able to find the marking easily and read it without strain. The degree of permanence of the marking should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling. Although Customs has 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, other methods have been approved in certain instances. For example, in HQ 729107 (November 13, 1985) Customs allowed a women's tee shirt consisting of a V-neck and a scoop neck which was designed to be worn with the scoop neck in either the front of back, to be marked with the country of origin on the side seam. In 731600 (November 15, 1988), Customs allowed a ladies' knit top which was reversible and designed to be worn either with the buttons in the front or in the back to be marked with the country of origin by means of a fabric label sewn in a conspicuous location on the garment other than the neck area of the garment.

In this case, it is argued that based upon the fact that the garment is designed to be worn either front to back or back to front, it would be impractical to place a permanent country of origin label in the neck area. You indicate that a sewn-in label at the neck area would not only be detrimental to the appearance when worn front to back but would also be uncomfortable to the wearer.

Based on the problems that would result if the garment were required to be marked in the neck area, we find that it is acceptable to place the country of origin label in some other conspicuous location. In this case, we find that the proposed sewn-in country of origin label on the submitted sample is conspicuous, permanent and legible. The sewn-in label is easy to find and read upon a casual examination of the garment in that it is only 2 1/2 inches from the bottom of the ladies' top. Also, considering that the sewn-in label contains other consumer information such as size, fiber content and care instructions, in our opinion an ultimate purchaser would examine the sewn-in label marked with the country of origin prior to making a purchasing decision. In addition to the sewn-in label, a hangtag marked with the country of origin of the garment is attached to the neck area which is easy to find and read upon a casual examination of the garment. Accordingly, the proposed country of origin marking of the ladies' abbreviated silk top satisfies the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported tops. Moreover, please be advised that the Customs Service is reconsidering this policy set forth in T.D. 54640(6) concerning the required location and type of label allowed for marking of these types of garments.

HOLDING:

Given that the imported ladies abbreviated silk tops can be worn either back to front or front to back, the proposed method of marking the sample ladies' top, in the manner described above, by means of a sewn-in label inside the side seam approximately 2 1/2 inches from the bottom and a cardboard hangtag attached to the neck area satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported ladies abbreviated 100 percent silk tops.

This decision should be mailed by your office to the internal advice requestor no later than 60 days from the date of this letter. On that date the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and the public via the Diskette Subscription Service, Lexis, Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director
Commercial Rulings Division

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