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NY J89772

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November 19, 2003

MAR-2 RR:NC:N3:360 J89772

CATEGORY: MARKING

Murray Holmes
Import Manager
Speed Sourcing, Inc.
2140 City Gate Drive
Columbus, OH 43219

RE: THE COUNTRY OF ORIGIN MARKING OF WOMEN’S WOVEN BLAZERS

Dear Mr. Holmes:

This is in response to your letter dated October 25, 2003, requesting a ruling on whether the proposed marking of Hong Kong placed in a side seam is an acceptable country of origin marking for imported women’s blazers. A marked sample was submitted with your letter for review and will be returned under separate cover.

Style 03106074 is a women’s fully lined blazer. The country of origin, Hong Kong, has been added to the care/fiber content label that has been sewn into a side seam of the inner shell (lining). The brand name “Merona” and size label are sewn to the lining at the nape of the neck.

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.

In T.D. 54640(6), Customs determined that, to be conspicuous, the country of origin marking of wearing apparel such as shirts, blouses and sweaters must be accomplished by means of a fabric label or label made from natural or synthetic film sewn or otherwise permanently affixed midway between the shoulder seams or that in that immediate area or otherwise permanently marked in that area in some other manner in order to be conspicuous within the meaning of 19 U.S.C. 1304.

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 buttonholes. 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. Accordingly, such jackets did not need to be marked at the nape of the neck. In HRL 559738 (July 2, 1996), Customs held that the jackets at issue only had to be marked by placing a label on the inside pocket because the jackets had an inside pocket and the brand name of the jacket was also at that location. Therefore, Customs ruled that the marking statute did not require that the jackets at issue be marked with their country of origin by a label located at the nape of the neck

In this instance, you have provided no reason for why the country of origin could not be placed at the nape of the neck (fiber, construction, styling, tailoring, etc.); nor have you suggested an acceptable alternative marking such as placing all the labels on an inner pocket. In fact, the brand name and size labels re sewn midway between the shoulder seams. The country of origin marking should be located on the neck halfway between the shoulder seams where the brand name and size labels are located. Accordingly, the proposed country of origin marking for this blazer is not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and is not an acceptable country of origin marking for the imported blazer.

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 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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