NY N020047 - COUNTRY OF ORIGIN MARKING OF IMPORTED APPAREL - United States International Trade Commision Rulings

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NY N020047

December 18, 2007

MAR-2 OT:RR:NC:TAB:354

CATEGORY: MARKING

Mr. Leonard Fleisig
Troutman Sanders LLP
401 9th Street, N.W.
Suite 1000
Washington, D.C. 20004-2134

RE: COUNTRY OF ORIGIN MARKING OF IMPORTED APPAREL

Dear Mr. Fleisig:

This is in response to your letter dated November 12, 2007, written on behalf of your client, HANRO USA Inc., requesting a ruling on whether the proposed marking for various styles of wearing apparel upper and lower body garments is an acceptable country of origin marking if another marking, which refers to a non-origin geographic designation, appears on the article which is a country or locality other than the actual country of origin of the article. Marked samples were submitted with your letter for review.

The samples submitted include a pajama top, pajama bottoms, a sleeveless camisole top with approximately 1½ inch shoulder straps, a brassiere, and three styles of panties. The pajama top and camisole top contain sewn-in fabric labels permanently affixed on the inside center of the neck midway between the shoulder seams; the pajama bottoms and panties feature a sewn-in fabric label permanently affixed to the inner rear waistbands; and the brassiere features a sewn-in fabric label permanently affixed inside the middle back part of the garment, near the hook and eye clasps. The front portion on all labels contains the following information: “HANRO of Switzerland,” “Made in accordance with Swiss quality standards since 1884,” and “Made in Portugal.” The backside of the labels contains fiber content and care information. You also state that “HANRO of Switzerland” is a brand name and not an origin designation.

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.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

Section 134.47 provides that when a trademark, trade name, or souvenir marking indicates the name of a country or locality other than the country of origin, the country of origin shall be indicated either “in close proximity or in some other conspicuous location” preceded by “Made in”, “Product of”, or similar words.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

The special marking requirements set forth in section 134.46 and 134.47 are triggered by the presence of the non-origin geographic designations printed on the labels. We find that the proposed marking of the submitted samples, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported garments. The country of origin is on the same panel as the reference to the non-origin geographic designations and the country of origin marking is in lettering of at least a comparable size, is legible, conspicuous and permanent.

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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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