NY C81753 - The country of origin marking of nightgowns - United States International Trade Commision Rulings

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NY C81753

December 18, 1997

MAR-2 RR:NC:TA:360 C81753

CATEGORY: MARKING

Catherine L. Holmes
A.W. Fenton Company Inc.
1157 Raring Avenue
Columbus, Ohio 43219-2357

RE: The country of origin marking of nightgowns

Dear Ms. Holmes:

This is in response to your letter dated October 30, 1997, forwarded to this office from our Headquarters office on November 17, 1997, on behalf of Lane Bryant, Inc. Your request a ruling regarding the country of origin marking requirements applicable to nightgowns imported from China. A sample was submitted with your letter, along with proposed labels, for review. The sample will be returned to you under separate cover.

The submitted nightgown, style 1834, is a sleeveless nightgown which extends from the neck and shoulders to approximately the ankles. The garment fits close to the neck at the front and has one button at the neck in the rear and three additional buttons below a 12 inch slit. The fabric on this portion of the garment is sheer while the remainder of the garment (below the bust) is of a more substantial velour fabric. You propose to mark the garment at the end of this sheer fabric approximately 1/3 of the way down the back. You state that the company label, as well as, the fiber content/country of origin/size label will appear in this area due to the styling and sheerness of the fabric. It is your contention that the fabric might run or tear if the labels are placed in the neck area.

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.

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 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.

You acknowledge that an appropriate marking for garments in accordance with T.D. 54640(6) would be a fabric label, indicating the country of origin, sewn on the inside center of the neck midway between the shoulder seams or in that immediate area for each garment. In certain circumstances Customs has allowed an exception to this rule. In HQ 733890 (December 31, 1990) Customs allowed a marking to be placed on a lower seam because the item was reversible. In another case C.S.D. 80-109 (September 21, 1979), Customs ruled that because the linings at the neck of the coats were not conducive to the sewing of a label that the label could be placed on the inner facing near the button holes. That case also cites ORR ruling 638-69 (January 2, 1979) which held that suit jackets, overcoats, and sport jackets may be marked with a label affixed over or below the inside pocket if such marking is included on or is in close proximity to the brand name label affixed to the coat in that area.

In this case, although the label will not affixed in the nape of the neck, the label will be prominently located and will be securely sewn into the fabric. Based on the reasons provided for why the country of origin marking could not be placed at the nape of the neck (fiber construction and the styling of the nightgown), the proposed country of origin marking would satisfy the requirements of 19 U.S.C. 1304 and 19 C.F.R. Part 134.

It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labelling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508, as to whether the proposed marking satisfies such requirements.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at 212-466-5866.

Sincerely,

Robert B. Swierupski
Director,

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