MAR-2-05 734294 AT
Mr. Miguel Ruiz
Miami International Forwarders
P.O. Box 523730
Miami, Florida 33152-3730
RE: Country of origin marking of imported men's shorts;
conspicuous; permanent; T.D. 71-264(3); 19 CFR 134.44;
19 CFR 134.41(b); HQ 733776; HQ 733701
Dear Mr. Ruiz:
This is in response to your letter of July 25, 1991, on
behalf of the importer, Kellwood Company, requesting a country of
origin ruling regarding imported men's shorts from Haiti. A
sample pair of shorts was submitted for examination. Your letter
was referred to this office for response.
FACTS:
The sample pair of shorts (Style No. 110095460) are woven
polyester with a knit polyester lining. On the inside of the
lining approximately two inches below the waistband the words
"Assembled in Haiti of U.S.A. Components" have been heat
transferred in red-colored lettering approximately 5 point type
(a point is a unit of type measurement equal to 0.01384 inch or
nearly 1/72 in., and all type sizes are multiples of this unit).
The trademark "Nike" appears directly above these words. A
fabric label is also sewn into the lining of the left leg of the
short. On the front of the label the words "Of U.S. Components
Made in Haiti" are printed in blue lettering approximately 4.5
point type. Other information such as washing instructions, size
and style number are also printed on the label. On the opposite
side of the label the fiber content and RN number are printed.
ISSUE:
Whether the proposed marking on the submitted sample shorts
satisfies the country of origin marking requirements of 19 U.S.C.
1304?
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. Congressional intent in
enacting 19 U.S.C. 1304 was 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. United States v. Friedlaender & Co., 27
C.C.P.A. 297 at 302, C.A.D. 104 (1940).
Part 134, Customs Regulations (19 CFR 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
an ultimate purchaser will be able to find the marking easily and
read it without strain. That section further provides that the
degree of permanence should be at least sufficient to insure that
in any reasonable foreseeable circumstance the marking shall
remain on the article until it reaches the ultimate purchaser
unless it is deliberately removed.
In T.D. 71-264(3) Customs ruled that "marking of 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." (Emphasis added).
Customs, however, has not required the country of origin of
trousers and similar wearing apparel to appear in one and only
one specific location in order to be considered conspicuous
within the meaning of 19 U.S.C. 1304.
The first issue presented in this case is whether the heat
transferred label is a "permanent label". With regard to the
permanency of a marking, section 134.41(a), Customs Regulations
(19 CFR 134.41(a)), provides that as a general rule marking
requirements are best met by marking worked into the article at
the time of manufacture. For example, its suggested that the
country of origin on metal articles be die sunk, molded in or
etched. However, section 134.44, Customs Regulations (19 CFR
134.44), provides that except for articles which are the subject
of a ruling by the Commissioner of Customs or those articles
classifiable in an item number specified in section 134.43,
Customs Regulations (19 CFR 134.43), any marking that is
sufficiently permanent so that it will remain on the article
until it reaches the ultimate purchaser unless deliberately
removed is acceptable. Examination of the heat transferred label
indicates that it is securely affixed to the shorts and that it
will remain on the shorts until it reaches the ultimate
purchaser. Although we have tried to pull or rub the label off
we were not able to do so without destroying it. Accordingly, we
find that the heat transferred label satisfies the permanency
requirements of 19 CFR 134.44.
The second question presented in this case is whether the
heat transferred label located approximately two inches below the
waistband is in a conspicuous location.
In HQ 733776 (January 23, 1991), Customs ruled that the top
of the inside of the inner fly panel of trousers is a conspicuous
location within the meaning of 19 U.S.C. 1304, where the
manufacturer included on one label the country of origin, care
instructions, size and brand of the trousers. In HQ 733701
(October 9, 1990), Customs ruled that imported shorts marked with
the country of origin by a label sewn into the material about 2
1/2 inches from the waistband and 2 1/2 inches from the zipper
was an acceptable marking within the meaning of 19 U.S.C. 1304
and T.D. 71-264(3).
In this case, although the heat transferred label is not
affixed at the waistband, the label is permanently affixed in a
conspicuous location, as in HQ 733701, and the country of origin
marking is in red-colored lettering of adequate size
(approximately 5 point).
It should be noted also that textile fiber products imported
into the U.S. must be labeled in accordance with the Textile
Fiber Products Identification Act (15 U.S.C. 70 through 70k) and
the rules promulgated thereunder by the Federal Trade Commission.
Therefore, we suggest that you contact the Federal Trade
Commission, Division of Enforcement, 6th and Pennsylvania Avenue,
N.W., Washington, D.C. 20508, as to whether the sample satisfies
such requirements.
HOLDING:
The sample shorts, marked with a heat transferred label, as
described above, satisfies the requirements of 19 U.S.C. 1304 and
T.D. 71-264(3).
You should contact the Federal Trade Commission as to
whether the sample satisfies the requirements of the Textile
Fiber Products Identification Act.
Sincerely,
John Durant, Director