HQ 560049 - Country of origin marking on women's trousers; "conspicuous" location; 19 U.S.C. ? 1304; T.D. 71-264(3). - United States International Trade Commision Rulings

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HQ 560049

June 11, 1997

MAR-2 RR:TC:SM 560049 JML

CATEGORY: MARKING

Mr. Thomas Caldecot Chubb III
Associate General Counsel
Oxford Industries, Inc.
222 Piedmont Avenue, N.E.
Atlanta, GA 30308

RE: Country of origin marking on women's trousers; "conspicuous" location; 19 U.S.C. ? 1304; T.D. 71-264(3).

Dear Mr. Chubb:

This is in response to your letter of August 26, 1996, requesting a binding ruling with respect to the location of country of origin marking on certain women's trousers manufactured in Colombia. We regret the delay in responding.

FACTS:

The merchandise in question is women's corduroy trousers, style number CE0500. You have submitted a sample of the trousers affixed with the proposed manner and location of marking for our review. The garments are presently being manufactured in Colombia, but you indicate that they may be produced in other countries in the future. The imported apparel is produced exclusively for a large national retailer that generates the majority of its sales through mail order catalogs.

You propose to import the trousers with 2 sewn-in labels. The first label is made of fabric and is sewn into the rear inner waistband of the trousers. On it appears the retailer's trademarked name. On the second label, which is made of a synthetic material, appears the country of origin, fiber content, garment care instructions, size information, RN number, vendor number, and cut number. The country of origin on the label is indicated as "Made in Colombia of Imported Fabric." This second label is sewn 5 inches below the waistband on the right inner front pocket directly below the stitching that binds the outer shell fabric to the pocketing material. You state that although the second label could be placed in other locations, it is most efficiently affixed in the proposed location.

ISSUE:

Whether the proposed location of the country of origin marking affixed to the trousers is in compliance with the requirements of 19 U.S.C. ?1304.

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 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. 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)), provides that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. Section 134.44(a), Customs Regulations (19 CFR 134.44(a)), states that any method of marking articles that insures that the country of origin will conspicuously appear on the article is acceptable.

In Treasury Decision ("T.D.") 71-264(3), dated August 18, 1970, Customs determined that trousers, slacks, jeans and similar wearing apparel shall be marked to indicate the country of origin by means of a permanent label affixed in a conspicuous location on the garments, "such as the inside of the waistband." Although T.D. 71-264(3) expressed Customs' preferred location of conspicuousness as the inside of the waistband, we have, in certain circumstances, declined to require that slacks be marked with the country of origin only in that area.

You cite Headquarter Ruling Letters ("HRL") 733776, 733737, and 735418 in support of your proposition that the location of a country of origin marking is necessarily conspicuous when the same label or an adjacent label contains size, care instructions, fiber content and other information important to the customer. Specifically, you contend that size, care instructions, and fiber content are critical information to the ultimate purchaser and that when examining such information they will almost certainly notice the country of origin marking. In HRL 733776, dated January 23, 1991, Customs ruled that the top of the inside of the inner fly panel of trousers is a conspicuous location within the meaning of 19 U.S.C. ?1304, where the manufacturer included on one label the country of origin, care instructions, size and brand of the trousers. In doing so, Customs noted that securing the country of origin label on the waistband would result in the stitching showing through on the outside of the waistband, diminishing the salability of the trousers in the eyes of some of the manufacturer's retailers. In HRL 733737, dated February 11, 1991, Customs found the requirements of 19 U.S.C. ?1304 to be satisfied by sewing to the inside of the inner fly panel of trousers, just below the waistband, a fabric label indicating the care instructions, size and country of origin of the trousers. Such a location was found to be conspicuous in that case, and readily and easily found by one looking for important information concerning the garment. Similarly, in HRL 735418, dated February 3, 1994, Customs addressed the propriety of a country of origin label sewn into the interior side seam indicating the size and the country of origin of the subject trousers. Customs found that the label sewn into the side seam 2 inches below the waistband was in a conspicuous location for country of origin marking purposes. The label sewn into the interior seam indicated the trousers' origin on both sides and also set forth the size of the garment.

Considering the above-referenced rulings, Customs disagrees with your contention that the location of the country of origin marking on trousers is conspicuous in all cases when the same or an adjacent label contains important size, care, and fiber content information. In the above rulings, the country of origin markings were uniformly located within a 2-inch distance from the waistband of the apparel, Customs' preferred location of conspicuousness. The location of the proposed marking in this case, 5 inches below the waistband, exceeds that 2 inch distance and Customs declines to extend the acceptable distance to 5 inches. Lastly, in HRL 733776, Customs noted in part that placing the country of origin marking in a location other than the waistband was necessitated by the fact that placing the marking in the waistband would diminish the salability of the trousers. In this case no such evidence has been presented. To the contrary, the information available to us indicates that the label could be affixed to other locations on the trousers. Thus, we are of the opinion that 5 inches from the waistband and zipper area on the pocket material is not a conspicuous location on the garment as required by 19 U.S.C. ?1304 and T.D. 71-264(3).

HOLDING:

On the basis of the information provided, Customs is of the opinion that a country of origin marking included on the same label as the size, care, fiber content and other important information, affixed to the right inside pocket material approximately 5 inches below the waistband of women's corduroy trousers is not a conspicuous location on the garment as required by 19 U.S.C. ?1304 and T.D. 71-264(3).

A copy of this ruling letter should be attached to the entry documents filed at the time the goods are 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

Tariff Classification Appeals Division

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