MAR-2-05 CO:R:C:V 733890 KG
Ms. Susie Porter
The A.W. Fenton Company Inc.
P.O. Box 360614
Columbus, Ohio 43236-0614
RE: Country of origin marking of imported women's silk tank top;
reversible- front to back; T.D. 54640(6); HQ 732975
Dear Ms. Porter:
This is in response to your letter of October 25, 1990,
requesting a country of origin ruling on behalf of Hartmarx
Retail M & M Corporation regarding imported women's silk tank
tops. A sample tank top was submitted. As requested, it is
being returned under separate cover.
FACTS:
The neckline on the sample top is lower on the front than
on the back. The importer contends that the top is meant to be
able to be worn with either the lower or the higher neckline as
the front of the top. The importer states that the front to back
"reversibility" feature of this top would be diminished if a
sewn-in cloth label were placed in the neckline. The importer
would like to attach the sewn-in label on the inside lower side
seam of the garment which would contain the country of origin and
other pertinent information and will attach a hang tag at the
neck of the garment which includes the country of origin, RN
number, care instructions and fiber content.
ISSUE:
Whether the women's silk tank top, marked as described
above, satisfies the country of origin marking provisions.
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. The degree of permanence of the marking
should be at least sufficient to insure that in any reasonably
foreseeable circumstance, the marking shall remain on the article
until it reaches the ultimate purchaser unless it is deliberately
removed. The marking must survive normal distribution and store
handling.
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,
permanently and legibly marked in accord with 19 U.S.C. 1304 and
19 CFR Part 134. 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. In HQ 732975
(March 13, 1990), Customs ruled that a reversible tank top
designed to be wearable either on the aqua side or the purple
side as the outside of the garment could be marked with a hangtag
attached to the neck area which contained the country of origin
along with the RN number, size, style and washing instructions.
This case is very similar to HQ 732975 and the combination of
marking the neck of the garment with a hang tag which contains
the country of origin and sewing in a cloth label on the side
seam of the garment which contains the country of origin would be
both conspicuous and sufficiently permanent so long as the hang
tag is securely fastened.
HOLDING:
The proposed country of origin marking of the reversible
front to back women's silk tank top by means of a permanent sewn-
in label on the inside lower side seam and a hang tag attached at
the neck is acceptable pursuant to 19 U.S.C. 1304 and 19 CFR Part
134 as long as the hang tag at the neck is securely attached.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch