MAR-2-05 CO:R:C:V 733701 KG
Ms. Roslyn Rice
Styl-Land, Inc.
4465 Corporate Center Drive
Los Alamitos, California 90720
RE: Country of origin marking of imported trousers and shorts;
conspicuous; T.D. 71-264(3); 19 CFR 134.41(b).
Dear Ms. Rice:
This is in response to your letter of June 20, 1990,
requesting a country of origin ruling regarding imported trousers
and shorts. A sample pair of shorts was submitted for
examination. Your letter was referred to this office for
response.
FACTS:
The sample pair of shorts submitted have a paper label sewn
into the material about 2 1/2 inches from the waistband and 2
1/2 inches from the zipper. The label contains the phrase
"Pacific Coast Highway PCH" and immediately below it, the fabric
content and the phrase "Made in Hong Kong" in yellow lettering
about 1/8 inch in height. You intend to use a fabric label in
place of the paper one if the location of the label is approved
by Customs. You also asked about the placement of the style/size
label. Customs has no legal requirements regarding the placement
of the style/size label and therefore, this question is not
addressed in the ruling.
ISSUE:
Whether the placement of the country of origin label on the
imported shorts satisfies the country of origin marking
requirements.
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. 71-264(3) that trousers, slacks, jeans
and similar wearing apparel must be marked by means of a
permanent label affixed in a conspicuous location on the garment,
such as the inside of the waistband. A paper label is not
acceptable. Nevertheless, Customs has allowed some leeway for
reversible garments that are otherwise conspicuously and legibly
marked.
Although the country of origin label on the sample is not
affixed at the waistband, the label is prominently located, and
the country of origin marking is in yellow-colored lettering of
adequate size. The label is securely sewn into the fabric and
you indicated that the actual imported products will contain
fabric labels, not paper labels. Based on these considerations,
we find that the proposed country of origin marking on the sample
shorts would satisfy the requirements of T.D. 71-264(3) and 19
CFR 134.41(b).
HOLDING:
The sample shorts, marked as described above, satisfies the
requirements of T.D. 71-264(3) and 19 CFR 134.41(b).
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
cc: Chief, NIS Branch 3
New York Seaport