HQ 561049 - 19 U.S.C. 1304; 19 CFR 134.46; may mislead or deceive; suit; jacket - United States International Trade Commision Rulings

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HQ 561049

September 17, 1998
MAR-2 RR:TC:SM 561049 KSG

CATEGORY: MARKING

Amir Ghoulian
Director
Selnis Fashion, Inc.
1501 Santee Street
# 302
Los Angeles, California 90015

RE: 19 U.S.C. 1304; 19 CFR 134.46; may mislead or deceive; suit; jacket

Dear Mr. Ghoulian:

This is in response to your letters of April 2, 1998, and May 13, 1998, asking if your proposed country of origin marking on men's suits satisfies the country of origin marking requirements set forth in 19 U.S.C. 1304. You submitted a sample for our examination.

FACTS:

You will import men's suits from South Africa and Turkey into the Port of Los Angeles. The sample submitted was marked to represent the actual marking as it will appear on the imported suits.

There is a hangtag stapled to the sleeve on the outside of the suit jacket bearing the phrase "Salvini Uomo ITALY." Inside the jacket, there are labels in three locations: (1) the area by the inside pocket on the left hand side ; (2) in the center of the neck; and (3) the area by the inside pocket on the right hand side.

The area by the inside pocket on the left hand side includes a label with the words "Pure new wool WOOLMARK" and a second separate label with the words "JACKET SHELL 100% WOOL JACKET LINING 100% ACETATE MADE IN TURKEY." The label at the neck reads "MADE IN
TURKEY" and gives the RN number. The label by the inside pocket on the right hand side bears the phrase "Salvini Uomo ITALY."

ISSUE:

Whether the proposed marking of men's suits satisfies the country of origin marking requirements set forth in 19 U.S.C. 1304.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as amended, 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.

Customs stated in Headquarters Ruling Letter ("HRL") 732085, dated January 17, 1989, that shirts, coats, sweaters must be marked by means of a fabric label sewn or otherwise permanently affixed on the inside center of the neck midway between the shoulder seams or in that immediate area. Previously, in ORR Ruling 638-69, dated January 2, 1979, Customs held that suit jackets, overcoats and sportscoats may be marked to indicate the country of origin by means of a label affixed over or below the inside pocket if such marking is included on or is in close proximity to a brand name label affixed in that area.

In HRL 559738, dated July 2, 1996, Customs held that a men's wool jacket with a label on the inside pocket with the reference "Portland, Oregon" triggered 19 CFR 134.46 and therefore, the country of origin must appear on the label attached to the inside pocket.

Section 134.46, Customs Regulations (19 CFR 134.46), as revised by T.D. 97-72, dated August 20, 1997, provides:

In any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning.

The language of the revised section 134.46 provides that its special marking requirements are triggered only when Customs determines that the non-origin marking may mislead or deceive the ultimate purchaser as to the actual country of origin of the article.

In two recent Customs Headquarters rulings that apply to imported shirts, Customs ruled that certain information may not mislead or deceive an ultimate purchaser . In Headquarters Ruling Letter ("HRL") 560020, dated February 21, 1997, Customs ruled that a reference to the U.S., together with a toll-free telephone number for ordering a catalogue, on clothing which was conspicuously marked did not mislead or deceive an ultimate purchaser as the actual origin of the garments. In HRL 560610, dated October 8, 1997, Customs ruled that hangtags on clothing which reference other countries and telephone numbers in order to assist the consumer to get in touch with the company did not trigger the special marking requirements set forth in 19 CFR 134.46.

The question presented in the instant case is whether the word "Italy" both on a label on the inside right pocket and on a hangtag attached to the sleeve of the jacket, may mislead or deceive the ultimate purchaser as to the actual country of origin of the imported suits. Even though the suit jacket in the instant case is marked with the country of origin on labels attached to the center of the neck and the left inside pocket, there is no country of origin marking in close proximity to the two "Italy" references. Further, the references to "Italy" are not accompanied by other consumer information, as was the case in HRL 560020 and HRL 560610. Based on the sample presented, the references to "Italy" on the hangtag on the sleeve of the suit jacket and on the label on the right inside pocket may mislead or deceive the ultimate purchaser as to the actual country of origin of the suits. Therefore, we find that the special marking requirements of 19 CFR 134.46 are triggered by the two references to "Italy."

Since the special marking requirements of 19 CFR 134.46 are triggered, the words "Made in (country of origin,)" "Product of (country of origin) or a similar phrase must appear in close proximity and in at least a comparable size to the Italian reference . Customs has ruled that in order to satisfy the "close proximity" requirement, the country of origin marking must appear on the same sides(s) or surface(s) in which the name of the locality other than the country of origin appears. See HRL 708994, dated April 24, 1978. Your proposed marking would not be acceptable under 19 CFR 134.46.

HOLDING:

The reference to Italy on the labels in the instant case may mislead or deceive the ultimate purchaser as to the actual country of origin of the article. Therefore, pursuant to 19 CFR 134.46, the actual country of origin must appear in close proximity and in at least a comparable size, to the Italian reference, preceded by the words "Made in," "Product of," or a similar phrase.

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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