NY L87751 - The country of origin marking of a woman’s knit tank top. - United States International Trade Commision Rulings

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NY L87751

October 13, 2005

MAR-2 RR:NC:TA:361 L87751

CATEGORY: MARKING

Mr. Jon Nelson
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Avenue Suite 1000
Seattle, WA 98101-1742

RE: The country of origin marking of a woman’s knit tank top.

Dear Mr. Nelson:

This is in response to your letter of September 19, 2005, requesting a ruling concerning country of origin marking for a woman’s tank top. The sample submitted with your request will be returned under separate cover.

FACTS:

The submitted sample is a woman’s tank top which you indicated may be worn either front to back, or back to front. This feature permits the garment to be worn with either a front V neckline or a slightly higher front square neckline. It is your contention that a sewn-in label cannot be placed in the center back neck midway between the shoulder seams, since there is no defined back. Placing the label on one side or the other would destroy the reversible nature of the garment. Instead, you believe that the adhesive label on the submitted garment, which is intended to be removable, would be sufficient for country of origin marking. Based on the construction of the garment we agree that the sewing of a label in the neck would interfere with or destroy the nature of the garment

ISSUE:

Whether the proposed marking of the woman’s reversible tank top satisfies the country of origin marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 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 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. 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. Friedlander & Co., 27 C.C.P.A. 297 at 302; C.A.D. 104 (1940).

Part 134, Customs Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. §134.41(b), requires that the marking be conspicuous enough that an ultimate purchaser will 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 T.D. 54640(6), Customs ruled that shirts, blouses and sweaters 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. Nevertheless, Customs has allowed some leeway for cowl neck and reversible garments that are otherwise conspicuously, permanently and legibly marked in accord with 19 U.S.C. §1304 and 19 CFR 134. See Headquarters Ruling Letter (HRL) 709180, dated June 19, 1978 (a cowl neck sweater with country of origin label affixed to the waist seam allowable); HRL 731513, dated November 15, 1988 (a reversible ladies jacket with the country of origin on a paper hangtag attached to the neck area of the garment was allowed); HRL 734692, dated October 31, 1992 (reversible jackets marked with two country of origin labels, one sewn into the inside pocket and one on a hangtag attached to the zipper was acceptable); HRL 734889, dated June 2, 1993 (a sewn-in label at the neck was not mandated under 19 U.S.C. §1304 for reversible jean jackets) and HRL 561255, dated January 29, 1999 (allowed alternate marking on a front-to-back reversible garment).

However, in ruling 560831 dated April 14, 1998, an adhesive label on a similarly styled garment was not approved, for the following reason: In this case, it appears that the adhesive label would not, in itself, satisfy the permanence requirements of 19 CFR 134.41(b) because it is not securely affixed to the garment and might not survive normal distribution and store handling and remain on the article until it reaches the ultimate purchaser. The same would be true for the instant garment.

You have suggested other methods of marking, including the use of a hang tag, and printing the information directly onto the garment, in proximity to the other information printed on the bottom hem. Both of these methods have been deemed acceptable in prior rulings. However, since you have not submitted an example of the proposed marking, we cannot specifically address the question of whether such marking would meet the requirements of 19 U.S.C. §1304, that the marking be legible, conspicuous, and permanent (as discussed above).

HOLDING:

Since the garment is a front-to-back reversible tank top, the nature of the garment would be compromised by sewing a label in the neck area as prescribed in T.D. 54640(6), the garments are not required to be marked by means of a sewn-in label affixed to the neck area.

The proposed marking of these garments with an adhesive label as described above is not sufficiently permanent to satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Therefore, it is not an acceptable country of origin marking for the imported women's front-to-back reversible tank top.

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 Angela DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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