HQ 562700 - Country of origin marking for a woman’s sleeveless blouse; marking applied directly to the fabric by screen printing - United States International Trade Commision Rulings

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HQ 562700

June 10, 2003

MAR-2 RR:CR:SM 562700 CW

CATEGORY: MARKING

Ms. Adrienne G. Waldron
Import Manager
Ivory International, Inc.
15400 NW 34th Avenue
Miami, Florida 33054

RE: Country of origin marking for a woman’s sleeveless blouse; marking applied directly to the fabric by screen printing

Dear Ms. Waldron:

This is in response to your letter of January 28, 2003, to our New York office, requesting a binding ruling concerning the proper country of origin marking of a woman’s 100% cotton sleeveless knit top. Your letter was forwarded to this office (received on March 4, 2003) for the preparation of a response. A sample garment was submitted for our consideration.

FACTS:

You propose to screen print the country of origin of the knit top directly to the fabric in the upper neck area, midway between the shoulders. The sample submitted is lavender in color and the country of origin marking, “Made in Peru/Hecho En Peru,” is screen printed on the inside center neck area in contrasting color (white), in lettering approximately 1/8 inch high.

ISSUE:

Whether the proposed country of origin marking for the woman’s sleeveless knit top, as described above, is acceptable.

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). Part 134 of the Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Treasury Decision (T.D.) 54640(6) (1958) provides, in pertinent part, as follows:

Subject to the exceptions from marking provided for under section 304(a), Tariff Act of 1930, as amended..., wearing apparel, such as shirts, blouses, coats and sweaters, etc., 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. (Emphasis added.)

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 to 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.

We find that the proposed country of origin marking for the woman’s sleeveless knit top, as represented by the sample submitted, meets the requirements set forth in T.D. 54640(6). The silk screened country of origin marking is permanent, legible, and conspicuous and is located on the inside center of the neck midway between the shoulder seams. Therefore, the proposed country of origin marking is acceptable under 19 U.S.C. 1304 and 19 CFR Part 134.

HOLDING:

Based on the information and sample submitted, Customs finds that the proposed country of origin marking for the woman’s sleeveless knit top, as described above, is acceptable under 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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