MAR-2-05 CO:R:C:V 732975 KG
Ms. Martha Kleckner
Bonaventure Textiles U.S.A. Inc.
1407 Broadway
New York, New York 10018
RE: Country of origin marking of imported reversible tank top
Dear Ms. Kleckner:
This is in response to your letter of October 25, 1989,
addressed to our New York office requesting a country of origin
ruling regarding imported reversible tank tops.
FACTS:
The imported tank top is a reversible garment which is
designed to be worn with either side out. One side of the tank
top is purple while the other side is aqua. Because the tank top
is reversible, the importer has no tag sewn into the garment. A
hangtag is attached to the neck area of the garment which
contains the brand name, the material content, the country of
origin mark, the RN number, laundering information, the style
number, the color and the size of the garment.
ISSUE:
Whether marking the country of origin of a reversible
garment on the hangtag rather than the garment satisfies section
304 of the Tariff Act of 1930, as amended.
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 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 Court of
International Trade stated in Koru North America v. United
States, 701 F.Supp. 229, 12 CIT (CIT 1988), that: "In
ascertaining what constitutes the country of origin under the
marking statute, a court must look at the sense in which the term
is used in the statute, giving reference to the purpose of the
particular legislation involved. The purpose of the marking
statute is outlined in United States v. Friedlaender & Co., 27
CCPA 297 at 302, C.A.D. 104 (1940), where the court stated that:
"Congress intended 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."
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR
134.41(b)), requires that the marking be conspicuous enough that
ultimate purchaser will be able to find the marking easily and
read it without strain.
Customs ruled in T.D. 54640(6) 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 reversible garments that are otherwise conspicuously
and legibly marked. In HQ 731513 (November 15, 1988), Customs
allowed a reversible ladies' jacket to be marked with the country
of origin on a paper hangtag attached to the neck area of the
garment. In the ruling, Customs considered the fact that the
jacket was designed to be reversible but that removal of a fabric
label sewn into the jacket could damage the jacket. The
reversible tank top involved in this case is also designed to be
wearable on both sides and sewing a fabric label into the garment
would require the wearer to remove the label. Such removal could
damage the garment. Therefore, marking the country of origin of
this garment on the hangtag attached to the neck area along with
the RN number, size, style and washing instructions is
acceptable.
The Textile Fiber Identification Act is under the
jurisdiction of the Federal Trade Commission ("FTC"). Any
question related to an interpretation of this act should be
referred to the FTC.
HOLDING:
Marking the country of origin of this imported reversible
garment on a cardboard hangtag attached to the neck area of the
garment satisfies 19 U.S.C. 1304.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch