NY F84800 - COUNTRY OF ORIGIN MARKING OF A MEN’S T-SHIRT - United States International Trade Commision Rulings

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NY F84800

April 28, 2000

MAR-2 RR:NC:TA:N3:356 F84800

CATEGORY: MARKING

Mr. Bruce Schiller
MSAS Global Logistics Inc., Suite 101
10205 N.W. 19th Street
Miami, FL 33172

RE: COUNTRY OF ORIGIN MARKING OF A MEN’S T-SHIRT

Dear Mr. Schiller:

This is in response to your letter dated March 17, 2000, on behalf of Delta Apparel, requesting a ruling on whether the proposed marking is an acceptable country of origin marking for imported T-shirts if another marking appears on the article which is a country other than the actual country of origin of the article. A marked sample was submitted for review and will be returned, as requested.

The sample is a men’s all white T-shirt constructed from 100 percent cotton, finely knit, jersey fabric. The garment has a rib knit crew neckline; short, hemmed sleeves; and a hemmed bottom.

The center, inside, rear neckline has two securely sewn, free hanging, woven fabric labels, one positioned over the other. The outer label measures 1 inch long by 1 ½ inches wide and shows a “Dragonball Z” logo in yellow and red stylized letters on a black background. The logo is followed by an “R” within a circle indicating that the “Dragonball Z” logo is a registered tradename. Directly below the logo are the initials “USA” in widely spaced, small black letters on a grey background. You have stated that the “USA” initials are not part of the registered tradename.

The second woven fabric label measures 1 ¾ inches long by 1 ½ inches wide and shows the care instructions, size, fiber content, and country of origin information (Assembled in Honduras of U.S. components) in black, plain block letters on a white background. All the information, with the exception of the care instructions, is visible below the “Dragonball Z” label.

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.

Section 134.41 (b), Customs Regulations (19 CFR 134.41 (b)), states that the country of origin marking is considered conspicuous if the ultimate purchaser in the United States is able to find the marking easily and read it without strain. For shirts, blouses, and sweaters, Customs ruled that the garments must be marked by means of a fabric label sewn on the inside center of the neck midway between the shoulder seams or in that immediate area. TD 54640 (6).

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases 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 locality 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, appears 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. In such a case, 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.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side or surface in which the name or locality other than the actual country of origin appears. In the present situation, because the second label is longer than the first label, the country of origin information on the second label appears directly below the letters “USA” on the first label and is in close proximity. The marking on the second label is in letters of a comparable size to the letters “USA” and is clear, legible and conspicuous.

As provided in section 134.43 (e), Customs Regulations (19 CFR 134.43 (e)), the wording “Assembled in Honduras of U.S. components” is a satisfactory country of origin marking for garments produced in Honduras, as the result of an acceptable assembly operation, from cut components of U.S. origin.

The proposed marking of imported men’s T-shirts, as described above, satisfies 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 garment.

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 Mary Ryan at 212-637-7081.

Sincerely,

Robert B. Swierupski

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