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HQ 734676




December 23, 1992

MAR-2-05 CO:R:C:V 734676 AT

CATEGORY: MARKING

Ms. Teresa Soza
Umbro International
3205 N. Pleasantburg Drive
Greenville, South Carolina 29609

RE: Country of origin marking of imported reversible shorts; 19 CFR 10.22; 19 CFR 134.41; T.D. 71-264(3); HQ's 731513, 734975;

Dear Ms. Soza:

This is in response to your letters dated May 27 and October 15, 1992, requesting a ruling on acceptable country of origin markings for imported reversible shorts from Mexico. A sample was submitted with your letter.

FACTS:

You state that your company intends to import reversible shorts from Mexico into the U.S. The submitted sample is a green and black colored pair of reversible shorts with a black tie string around the waistband and a rear pocket. Two labels are sewn inside the rear pocket. The first label is printed with the words "Umbro" and "Made in U.S.A.". With respect to the marking on the first label you claim that although the sample is marked in this manner, you do not intend to mark the imported shorts with the words "Made in U.S.A.", but in fact only the word "Umbro" will appear on the first label. The second label which appears directly below the first is printed with the words "Assembled in Mexico of U.S. Components" 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 and all type sizes are a multiple of this unit). Other information, such as the size, fiber content and care instructions are also printed on the label. A hangtag is attached to the outer- waistband by means of a plastic string. The words "Assembled in Mexico of U.S. Components" are printed on a paper label attached to the hang tag in blue lettering approximately 7 point. A picture of men playing soccer on the beach and Umbro's registered trade mark "Sand Soccer" also appears on the hangtag. ISSUE:

Whether the proposed marking of the sample reversible shorts 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 placed so that an ultimate purchaser will be able to find the marking easily and read it without strain.

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. Nevertheless, Customs has allowed some leeway for reversible garments that are otherwise conspicuously and legibly marked.

In HQ 731513 (November 15, 1988), 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 HQ 732975 (March 13, 1990), Customs ruled that a reversible tank top 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.
Similarly, in this case, a paper hangtag marked with the country of origin is attached to the waistband of the shorts by means of a plastic string. Like the reversible jacket and tank top rulings, the hangtag in this case is attached to the waistband as prescribed by T.D. 71-264(3). Although the country of origin marking is not affixed to the garment, we find that the hangtag is conspicuously located on the shorts. The marking "Assembled in Mexico of U.S. Components" printed in blue lettering approximately 7 point is easy to find and read upon a casual examination. Also, the hangtag satisfies the permanency requirements of 19 CFR 134.44(b). The hangtag is very difficult to pull off without damaging the shorts and would withstand normal handling and remain on the shorts until it reaches the ultimate purchaser. Further, a second label is sewn inside the pocket of the shorts marked with the country of origin "Assembled in Mexico Of U.S. Components", although we find that this marking is not conspicuous upon a casual examination by an ultimate purchaser. Accordingly, we find that the paper hangtag attached to the reversible shorts by means of a plastic string and marked "Assembled in Mexico of U.S. Components" satisfies the marking requirements provided in 19 U.S.C. 1304 and 19 CFR Part 134.

The marking "Assembled in Mexico of U.S. Components" is an acceptable country of origin marking for the reversible shorts provided that the article is 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 reversible shorts are eligible to be imported under subheading 9802.00.80, and the shorts are assembled entirely of American-made materials, the phrase "Assembled in Mexico of U.S. Components" is an acceptable country of origin marking.
HOLDING:

The proposed country of origin marking on the imported reversible shorts, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR 134, provided that the shorts are eligible for a duty exemption under subheading 9802.00.80 HTSUSA and the assembled components are entirely American-made materials. The sewn-in pocket label, discussed above, must not be marked "Made in U.S.A.".

Sincerely,

John Durant, Director
Commercial Rulings Division

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