MAR 2-05 CO:R:C:V 731513 LR
Scott A. Cohn, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, N.Y. 10017
RE: Country of origin marking requirements for reversible
ladies' jacket
Dear Mr. Cohn:
This is in response to your letter of June 13, 1988, on
behalf of your client, Mast Industries, requesting a binding
ruling concerning country of origin marking requirements for a
reversible ladies' jacket to be imported from Hong Kong.
FACTS:
The submitted sample is a ladies' reversible black and
white jacket composed of 65% polyester/35% cotton fabric. The
jacket has no pockets and contains a full frontal opening which
is secured by four buttons on each surface of the jacket. Your
client advises that it would cause damage to the garment if it
were to permanently sew a country of origin label to the neck
area or any other location in view of the fact that an ultimate
purchaser of this jacket is quite likely to remove the label, and
thereby damage the appearance of the jacket. Accordingly, your
client proposes to mark the jacket with a cardboard hangtag
affixed through the plastic anchor tag. In addition to the
country of origin, the cardboard label will indicate the fiber
content, RN number and care instructions. You have enclosed a
sample of the cardboard label which your client intends to use.
The words "MADE IN HONG KONG" appear in large black bold letters.
ISSUE:
Is it acceptable to mark the country of origin of a
reversible ladies' jacket on a cardboard hangtag affixed through
the neck area by means of a plastic anchor tag?
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LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19
U.S.C. 1304), generally requires that articles 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. The marking must be
conspicuous enough so that the ultimate purchaser will be able to
find the marking easily and read it without strain. (Section
134.41, Customs Regulations (19 CFR 134.41)).
Although Customs has ruled in T.D. 54640(6) that shirts,
blouses and sweaters, etc. 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, other methods have been
approved in certain instances. For example, reversible garments
may be marked by means of a label looped around the hanger of the
garments provided the two label ends are firmly stitched together
(T.D. 55015(4)). A cowl neck sweater with a neck which is too
thick to go under the shoe of a sewing machine may be marked by
means of a fabric label sewn on the waist seam instead of the
neck, provided the marking is legible, permanent and conspicuous
so that the ultimate purchaser can find the marking easily and
read it without strain (HQ 709180, dated June 19, 1978).
Finally, a woman's tee shirt consisting of a V-neck and a scoop
neck which is designed to be worn with the scoop neck in either
front or back, may be marked with the country of origin on the
side seam (HQ 729107, dated November 13, 1985).
In the instant case, due to the problems noted above which
would result if the country of origin label were sewn into the
neck area or any other area of the reversible jacket, we find
that another method of marking which is legible, conspicuous and
permanent would suffice. We find that, in view of the
reversibility feature of the submitted sample, the cardboard
hangtag containing "MADE IN HONG KONG" in large block letters
along with size, style, fiber content and washing instructions,
affixed through the neck area by means of a plastic anchor tag
satisfies these requirements. We are of the opinion that the
label will be easy to find and will remain on the article until
it reaches the ultimate purchaser.
We suggest you contact the Federal Trade Commission, 6th
and Pennsylvania, NW. Washington, D.C. 20580, for information
regarding whether the proposed method of marking is acceptable
under the Textile Fiber Products Identification Act, as amended
(15 U.S.C. 70).
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HOLDING:
A ladies' reversible jacket may, for purposes of 19 U.S.C.
1304, be marked with the country of origin by means of a
cardboard hangtag affixed through the neck area by means of a
plastic anchor tag.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch