HQ 562689 - Country of origin marking for a men’s denim shirt; sewn-in label; conspicuous; HRLs 730915 and 562421 - United States International Trade Commision Rulings

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HQ 562689

June 2, 2003

CLA-2 RR:CR:SM 562689 CW

CATEGORY: MARKING

Mr. Robert Ryan
Diversified Freight Logistics, Inc.
P.O. Box 610629
Dallas Fort Worth Airport
Texas 75261-0629

RE: Country of origin marking for a men’s denim shirt; sewn-in label; conspicuous; HRLs 730915 and 562421

Dear Mr. Ryan:

This is response to your letter of March 4, 2003, requesting a ruling on behalf of Williamson-Dickie Manufacturing Co., concerning the proper placement of the country of origin marking on a woven denim fabric shirt. A sample shirt was submitted for our consideration.

It is proposed that a fabric label measuring 1 5/16 by 2 ¾ inches will be sewn on the inside center of the neck of the shirt. This label will include the importer’s trade name, size, fabric content, RN number, and the location of the care instructions. The country of origin will not appear on this label but on a separate fabric label measuring 1 ¼ inches by 3/8 inch which will be sewn to the center of the inside collar approximately 1 inch above the larger fabric label. A cardboard insert, measuring 4 by 8 inches will also be attached to the shirt in the neck area. A plastic hook will be attached to the top of the cardboard insert for use in hanging the shirt on a display rack. A portion of the cardboard insert will be cut out to reveal the larger fabric label but not the smaller label on which the country of origin is printed. To find the country of origin label, a consumer would need to manipulate the cardboard insert by bending it up or by pulling the insert out from inside the buttoned front of the shirt and lifting it up.

ISSUE:

Whether the proposed country of origin marking for the men’s shirt, as described above, is conspicuous.

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. Congressional intent in enacting 19 U.S.C. 1304 was that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. "The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940).

Customs ruled in T.D. 54640(6) that wearing apparel, such as shirts, blouses, coats and sweaters, must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label or 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.

In regard to whether a marking is “conspicuous,” section 134.1(k) Customs Regulations (19 CFR 134.1(k)), defines the term as “capable of being easily seen with normal handling of the article or container.” Further, according 10 19 CFR 134.41(b), “[t]he ultimate purchaser in the United States must be able to find the marking easily and read it without strain.” In Headquarters Ruling Letter (HRL) 733940 dated October 24, 1991, Customs stated that in regard to the conspicuousness requirement of 19 U.S.C. 1304, the factors to be considered include the size of the marking, the location of the marking, whether the marking stands out, and the legibility of the marking. The size of the marking should be large enough so that the ultimate purchaser can easily see the marking without strain. The location of the marking should be in a place where the ultimate purchaser could expect to find the marking or where he/she could easily notice it from a casual inspection. Whether the marking stands out is dependent on where it appears in relationship to other print on the article and whether it is in contrasting colors to the background.

In HRL 730915 dated July 26, 1989, Customs held that a country of origin marking on a label that was beneath (and partially obscured by) two other labels sewn in at the neck of an imported garment did not satisfy the requirements of 19 U.S.C. 1304. Similarly, in HRL 562421 dated August 16, 2002, Customs determined that a country of origin marking on a label sewn onto a shirt at the neck beneath a trademark label was not conspicuous.

In regard to the facts of the instant case, we find that the placement of the country of origin marking on the inside collar beneath the cardboard insert is not a conspicuous location, as the marking could not be “easily seen with normal handling of the article.” The consumer would need to bend the cardboard insert (where no fold is provided ) or pull it completely out from inside the buttoned shirt and lift it up to find the country of origin label. In addition, we believe that the ultimate purchaser would normally expect to find the country of origin on the larger sewn-in label that is plainly visible through the cut-out portion of the cardboard insert.

HOLDING:

Based on the information and sample presented, Customs finds that the proposed country of origin marking for the denim fabric shirts is not conspicuous within the meaning of 19 U.S.C. 1304 and 19 CFR Part 134.

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 handing the transaction.

Sincerely,

Myles B. Harmon, Director

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