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HQ 560382





July 24, 1997

MAR-2-05 RR:TC:SM 560382 DEC

CATEGORY: MARKING

Ms. Margret Mowery
Total Logistic Resource International Trade Services, Incorporated
5362 N.E. 112th Avenue
Portland, Oregon 97220

RE: Country of origin marking of reversible jackets; 19 CFR 134.41; T.D. 54640(6);
19 CFR 134.41; HRL 731513; HRL 734353; HRL 734676; HRL 734692; HRL 734975;
HRL 734889

Dear Ms. Mowery:

This is in response to your letter dated March 28, 1997, in which you seek a ruling with respect to the appropriate country of origin marking for certain reversible jackets to be imported by your client, Duffel Sportswear. You have submitted a sample of the reversible jacket.

FACTS:

Duffel Sportswear intends to import reversible jackets. You state that Duffel Sportswear prefers to mark the country of origin of the jackets on a label that will be sewn into the seam of the left-side pocket. Since you do not indicate that the sample jacket is sold with any additional hangtags that provide information about the jacket to the ultimate purchaser, we will assume, for purposes of this ruling, that even if additional information is contained on a hangtag, the information will not pertain to the country of origin of the jacket.

ISSUE:

Whether the country of origin marking on the reversible jackets described above is an acceptable country of origin marking pursuant to 19 U.S.C. 1304 and part 134, Customs Regulations (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.

In T.D. 54640(6), Customs determined that, to be conspicuous, the country of origin marking of wearing apparel such as shirts, blouses and sweaters must be accomplished 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 order to be conspicuous within the meaning of 19 U.S.C. 1304. In addition, in T.D. 55015(4) (1960), Customs stated that labels bearing the required marking looped around the hanger of reversible garments such as coats, jackets, and sweaters with the two label ends firmly stitched together is an acceptable form of marking, thus, extending the rule of T.D. 54640(6).

Examples of the leeway that Customs has allowed for reversible garments that are otherwise conspicuously, permanently and legibly marked in accord with 19 U.S.C. 1304 and 19 CFR Part 134 include Headquarters Ruling Letter (HRL) 731513, dated November 15, 1988, in which Customs allowed a reversible ladies jacket to be marked with the country of origin on a paper hangtag attached to the neck area of the garment. In that ruling, Customs considered the fact that the jacket was designed to be reversible and that removal of the fabric label sewn into the jacket could damage the jacket. In addition, in HRL 734692, dated October 31, 1992, Customs allowed reversible jackets to be marked with two country of origin labels, one sewn into the inside pocket and one on a hang tag attached to the zipper. Also, in HRL 732975, dated March 13, 1990, Customs ruled that a reversible tank top designed to be wearable either on the aqua side or the purple side as the outside of the garment could be marked with a hangtag attached to the neck area which contained the country of origin along with the RN number, size, style and washing instructions.

Two rulings considered whether a country of origin label inside a pocket was conspicuous. In HRL 734676, dated December 23, 1992, Customs ruled that it was acceptable to mark the country of origin of reversible shorts by means of a sewn-in label inside the rear pocket and a hangtag attached to the waistband. Customs noted that the sewn-in label inside the rear pocket did not satisfy the conspicuous requirements of 19 CFR 134.41 by itself and that the additional hangtag properly marked with the country of origin of the shorts was necessary for the marking to be acceptable. In HRL 734353, dated February 18, 1992, Customs ruled that a garden apron marked with the country of origin by means of sewn-in label inside the pocket and a paper adhesive sticker on the back of the packaging was not acceptable.

In HRL 734889, dated June 2, 1993, Customs found that since the jean jackets at issue were reversible, a sewn-in label at the neck was not required. However, Customs stated that the method of marking must be legible, conspicuous and permanent. Customs determined that the sewn-in label attached to the inside pocket near the waistband did not satisfy the conspicuousness requirement of 19 CFR 134.41(b). The sewn-in label on the submitted sample was not easily noticeable from a casual inspection of the jacket. The inside of the pocket was deemed not to be a location where an ultimate purchaser would expect to find a country of origin marking for this type of article. Also, in order to find the sewn-in label, an ultimate purchaser would first need to have the jacket turned to the correct side and then turn the pocket inside out to locate the label. This cannot be done easily during a casual examination of the jacket by an ultimate purchaser. Accordingly, we held that the sewn-in label did not satisfy the conspicuousness requirement of 19 CFR 134.41(b) and it was not an acceptable country of origin marking for the jacket. However, we stated that marking the jean jacket with a cardboard hangtag affixed through the neck with a plastic anchor would be an acceptable method of marking the jacket, provided the hangtag is legibly, conspicuously and permanently marked in accord with 19 U.S.C. 1304 and 19 CFR Part 134.

Since the jackets are reversible, a sewn-in-label at the neck is not required. See T.D. 55015(4). However, the method of marking must be legible, conspicuous and permanent. We find that the sewn-in label attached to the inside pocket of the reversible jacket does not satisfy the conspicuousness requirement of 19 CFR 134.41(b). The sewn-in label on the submitted sample jacket is not easily noticeable from a casual inspection of the article. The inside of a pocket is not a location where an ultimate purchaser would expect to find a country of origin marking for this type of article. Also, in order to find the sewn-in label an ultimate purchaser would first need to have the jacket turned to the correct side and then find the inside of the particular pocket that contains the label to locate the label. The ultimate purchaser cannot easily find the origin information during a casual examination of the jacket. Accordingly, this sewn-in label does not satisfy the conspicuousness requirement of 19 CFR 134.41(b).

However, the additional marking of the reversible jacket by means of a cardboard hangtag affixed with a plastic anchor in an area such as the neck area or zipper would be an acceptable method of marking the jacket provided the hangtag is legibly, conspicuously and permanently marked in accordance with 19 U.S.C. 1304 and 19 CFR Part 134. The label on the sample reversible jacket submitted for our review, by itself, is unacceptable.

HOLDING:

Since the imported jacket is reversible, it is not required to be marked by means of a sewn-in label affixed to the neck mid-way between the shoulder seams. Merely marking the jacket with only a sewn-in label inside the pocket does not satisfy the conspicuousness requirement of 19 CFR 134.41. However, an additional country of origin statement on a cardboard hangtag secured to the jacket by means of a plastic anchor is acceptable provided the hangtag is legible, conspicuous, and permanently marked in accordance with 19 U.S.C. 1304 and 19 CFR Part 134.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant
Director

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