MAR 2-05 CO:R:C:V 732085 pmh
Resident Agent in Charge
Birmingham, Alabama
RE: Proper Country of Origin Marking Requirements for Fur
Coats
Dear Sir:
This is in response to your memorandum dated December 22,
1988 (BIO8XM8BIO17 V:E:S:BI MAH:mbh), requesting our opinion
on the country of origin marking requirements for fur coats
imported by Henig Furs, Inc. You ask that we review the
country of origin marking on the coats with regard to the
requirements of 19 U.S.C. 1304 and 19 CFR 134.46.
According to your memorandum and a telephone call with a
member of my staff, during the months of June, July and
August, 1988, Customs Inspectors issued marking notices to
Henig Furs, Incorporated (the importer) for importing fur
coats without proper marking labels or with labels not
permanently attached. Subsequent to issuing the marking
notices, Customs Inspectors attended a public sale hosted by
the importers. Inspectors found that 48 coats had no country
of origin marking. The importer stated in a petition dated
September 20, 1988 that the markings came loose through
everyday handling.
In December 1988 the importer imported another shipment of
fur coats. You have enclosed photographs showing the country
of origin marking on a sample coat from that shipment. The
pictures indicate that the country of origin marking appears
on a small tag stitched into a side seam inside the coat. A
ruler is used in one of the photographs to show that the small
tag is located approximately 10 inches inside the coat.
Furthermore, the tag is looped in such a way that the words
"MADE IN" appear on one side and the name of the country of
origin appears on the other side.
A manufacturer's label, measuring approximately one inch
by four inches in size, is attached to an inner breast pocket
of the coat, midway between the side hem of the coat and the
seam bearing the country of origin tag. This label bears the
name of the importer and the words "Fine Furs For Four
Generations, New York, Montgomery." In addition, a photograph
shows that a hangtag is attached to the sleeve of the coat.
This hangtag indicates the type of fur, the origin of the fur,
the color of the fur and the words "Made In Korea." You have
advised us that some shipments of coats are marked with
hangtags and some are not. You wish us to address the
acceptability of the marking in each situation.
As you know, section 304 of the Tariff Act of 1930, as
amended (19 U.S.C. 1304), requires 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 will permit in such a manner as to indicate to the
ultimate purchaser the English name of the country of origin
of the article. Section 134.41, Customs Regulations (19 CFR
134.41), provides that the marking of an imported product must
be conspicuous enough so that the ultimate purchaser will be
able to find the marking easily and read it without strain.
In addition, section 134.46, Customs Regulations (19 CFR
134.46), requires that if the name of any city or locality in
the U.S., or the name of any foreign country or locality other
than the country of origin, appears on an imported article or
its container, special marking requirements are triggered.
Section 134.46 requires that the name of the country of origin
must appear legibly, permanently and in close proximity to
such words, be in letters of at least comparable size and be
preceded by the additional words "Made in," "Product of," or
other words of similar meaning. The purpose of this section
is to prevent the possibility of misleading or deceiving the
ultimate purchaser.
With regard to the marking requirements for coats,
Customs ruled, by a Circular letter published as T.D.
54640(6), that on and after October 1, 1958, wearing
apparel such as shirts, coats, sweaters, etc. must be
legibly and conspicuously marked with the name of the
country of origin by means of a fabric label sewn or
otherwise permanently affixed on the inside center of the
neck midway between the shoulder seams or in that immediate
area. ORR Ruling 638-69 dated January 2, 1979, in effect
modified this ruling by holding that suit jackets,
overcoats and sportcoats may be marked to indicate the
country of origin by means of a label affixed over or below
the inside pocket if such marking is included on or is in
close proximity to a brand name label affixed in that
area.
In this case, the coats are not marked in either of the
requisite locations. They do not bear a permanent country of
origin marking in the inside neck area as required by T.D.
54640(6) and no reasons have been given as to why that
practice has not been followed. Nor are they marked, pursuant
to ORR ruling 638-69, on the brand name label affixed over the
inside pocket. Rather, the only permanent label bearing the
country of origin is the small fabric tag stitched to the
inner seam. This tag is not in compliance with the country of
origin marking requirements for coats. Consequently, we find
that neither of the coats (i.e., with a hangtag or without)
is adequately marked.
Furthermore, we note that the marking in these coats is
particularly misleading due to the names of the two domestic
cities that appear on the brand label affixed to the inside
pocket. As noted above, 19 CFR 134.46 requires that the name
of the country of origin not only be conspicuous, but that it
also be in close proximity to and comparably-sized lettering
as the names of the two domestic cities. In this case,
neither the small fabric tag stitched to the inner seam nor
the hangtag attached to the sleeve in some of the coats
appears in close proximity to the brand name label. Thus, the
requirements of 19 CFR 134.46 are not satisfied.
We hope this information is helpful to you. If we can be
of any further assistance to you please do not hesitate to let
us know.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch