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HQ 563099

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November 23, 2004

MAR-2-05 RR:CR:SM 563099 AL

Category: MARKING

Mr. Kevin W. Leonard
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue
25th Floor
New York, New York 10022-4877

Dear Mr. Leonard:

This is in response to your ruling request dated August 11, 2004 concerning the country of origin marking of men’s suit jackets, sport coats, and other jackets, on behalf of your client, Zeco Trading S.A. (“Zeco”).

FACTS:

According to your request, Zeco intends to import men’s suit jackets, sport coats, leather jackets and windbreakers from Italy. The samples you have provided show that each jacket is marked with the country of origin on a label sewn into the inside seam at the top of the inside breast pocket in close proximity to the brand label, and in some instances, a second label marked with the country of origin is stitched directly below the brand label of the jacket located on the inside breast pocket. In addition to the sewn-in labels, a plastic medallion attached to a hanger braid has “Made in Italy” printed in raised letters and in a contrasting color on both sides of the medallion. The hanger braid is stitched into the center of the neck area of each of the sample jackets.

ISSUE:

Whether the country of origin marking of the men’s jackets complies with 19 U.S.C. 1304 and Part 134 of the Customs Regulations (19 CFR 134).

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 United States 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 United States 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, 302 (1940).

Part 134 of the Customs Regulations implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. As provided in 19 CFR 134.41(b), the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. The degree of permanence of the marking should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling.

In Headquarters Ruling Letter (“HQ”) 561387, dated August 6, 1999, U.S. Customs and Border Protection (“CBP”) held that the combination of marking the jackets by a plastic medallion attached to a braided rope knotted onto the hanger braid in the center of the neck area and a sewn-in label with the country of origin on the inside seam of the inside breast pocket satisfied the statutory and regulatory requirements of 19 U.S.C. 1304 and 19 CFR Part 134, provided that the country of origin marking at the top of the inside breast pocket was in close proximity to the brand label. However, HQ 561387 also ruled that marking the jacket using only the medallion on the braided rope would not be acceptable as it does not satisfy the requirements of T.D. 54640(6). CBP determined, in T.D. 54640(6) 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 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 order to be conspicuous within the meaning of 19 U.S.C. 1304.

In Office of Regulations and Rulings Letter 638-69, dated January 2, 1979, CBP determined that suit jackets, overcoats, and sport coats may be marked with a label affixed over or below the inside pocket if a marking is included or is in close proximity to the brand name label affixed to the coat in that area. Accordingly, jackets or coats with an inside breast pocket or with the brand label affixed in that area did not need to be marked at the nape of the neck. See also HQ 559738 (July 2, 1996).

In this case, Zeco intends to mark the jackets with their country of origin by two methods. The country of origin marking will appear on a plastic medallion on both sides in raised letters and contrasting colors. The plastic medallion will be attached to a hanger braid that is sewn into the neck area of the jacket. In addition, the jackets will be marked by a label that will be sewn into the inside seam on the top of the inside breast pocket in close proximity to the brand label and in some instances, a second label will be stitched below the brand label located on the inside breast pocket. By using both methods simultaneously to mark the jackets, Zeco will satisfy the country of origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Holding:

Based on the facts presented, Zeco’s two methods of marking the country of origin of men’s jackets will satisfy the requirements 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 and Border Protection officer handling the transaction.

Sincerely,

Myles B. Harmon, Director
Commercial Rulings Division

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