United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1997 NY Rulings > NY 895554 - NY 895703 > NY 895596

Previous Ruling Next Ruling
NY 895596





April 7, 1994

MAR-2-62:S:N:N5:360 895596

CATEGORY: MARKING

Ms. Barbara Frenger
Superb Custom Brokers, Inc.
149-10 183rd Street
Jamaica, NY 11413

RE: The Country of Origin Marking of a Woman's Jacket

Dear Ms. Frenger:

This is in response to your letter received in this office on March 14, 1994, requesting a ruling on whether the proposed marking "Made in Italy" is an acceptable country of origin marking for imported jackets. A marked sample was submitted with your letter for review.

The submitted sample is a woman's jacket which features a full lining, padded shoulders, long sleeves with three buttons at the sleeve edge, a collar and lapels. The jacket also features a full front opening secured by three buttons, a chest pocket and two lower flapped pockets.

The sample label is permanently sewn-in two inches down from the neck seam. The label measures three inches by one inch and features the logo "WEEKEND By Max Mara" with "Made in Italy", in small block letters, on the one inch side. Attached to the sewn-in label there is another loop-like label with the words "Made in Italy" in script. The lettering in approximately 1/4 inch high.

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 (or its container) 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.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered 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 this case, the country of origin label, although not affixed to the neck seam, is affixed 2 inches from the neck seam midway between the shoulder seams of the jacket. T.D. 54640(6) requires that the country of origin label must be either affixed to the neck seam midway between the shoulder seams or in that immediate area. Given that the label is 2 inches from the neck seam and is midway between the shoulder seams of the jacket, we find that it is marked in that immediate area of the neck and shoulders as required in T.D. 54640(6). Also, the country of origin label would be easily found by an ultimate purchaser. The submitted jacket has no size or fiber content label. We assume when attached, it will not obscure the country of origin marking. Based on these considerations, we find that the country of origin label satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and is a proper marking for the woman's jacket.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

The proposed marking of imported jackets as described above, is conspicuously, legibly and permanently marked in satisfaction of 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 jackets.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).

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,

Jean F. Maguire
Area Director

Previous Ruling Next Ruling