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HQ 560831




April 14, 1998

MAR-2-05 RR:CR:SM 560831 KSG

CATEGORY: MARKING

Jonice Gaidar
Customs Analyst
JC Penney Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301-0001

RE: Reversible garment; 19 CFR 134.41(b); permanence; conspicuousness; hangtag

Dear Ms. Gaidar:

This is in reference to your letter of January 26, 1998, requesting a binding ruling on the country of origin marking of a women's reversible knitted tunic. A sample was submitted.

FACTS:

The knitted tunics to be imported are expected to be made in Thailand. However, the source may change as business needs require. The tunic is a reversible garment; one side is a solid color and the other side has a stripe pattern. You propose to mark this garment by placing an adhesive label at the center back neck and attaching a hangtag to the left underarm. Both the adhesive label and the hangtag would contain various information, including the country of origin of the garment. You are concerned with complying with the requirements of both the Customs Service and the Federal Trade Commission.

ISSUE:

Whether marking the country of origin of the reversible knitted tunic on an adhesive label and on a hangtag attached at the underarm satisfies the requirements of 19 U.S.C. 1304.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930 (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.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements 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 a 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.

However, Customs has allowed leeway on the standards set forth in T.D. 54640(6) for reversible garments that are otherwise conspicuously, permanently and legibly marked in accordance with 19 U.S.C. 1304. For example, in HRL 560382, dated July 24, 1997, Customs held that a sewn- in label attached to the inside pocket of a reversible jacket was not a conspicuous marking in accord with 19 CFR 134.41(b) but that a cardboard hangtag affixed with a plastic anchor in an area such as the neck area or zipper would be acceptable provided the hangtag is legibly, conspicuously and permanently marked. In HRL 958965, dated February 4, 1997, Customs determined that reversible vests marked by swift tacking a cardboard hangtag at the side seam of the bottom left armhole or at the left top center back was acceptable as long as the hangtag is legible, conspicuous and permanent.

In this case, it appears that the adhesive label would not, in itself, satisfy the permanence requirements of 19 CFR 134.41(b) because it is not securely affixed to the garment and might not survive normal distribution and store handling and remain on the article until it reaches the ultimate purchaser. However, the marking on the hangtag in this case is similar to the hangtag marking in HRL 560382 and HRL 958965. Therefore, marking the country of origin of the reversible knitted tunic on the hangtag is acceptable and satisfies the permanence and conspicuousness requirements of 19 CFR 134.41(b), as long as the hangtag is legible, conspicuous and permanently marked.

HOLDING:

Attaching an adhesive label with the country of origin on a reversible knitted tunic, by itself, would not satisfy the permanence requirements of 19 CFR 134.41(b) and 19 U.S.C. 1304. However, a hangtag bearing the country of origin swift tacked to a reversible knitted tunic would satisfy the conspicuousness requirement of 19 CFR 134.41(b) and the requirements of 19 U.S.C. 1304, as long as the hangtag is legible, conspicuous and permanently marked.

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
Commercial Rulings Division

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