MAR-2 RR:CR:SM 561350 KSG
Janet B. O’Neal
Samuel Shapiro & Company, Inc.
Suite 810
World Trade Center
101 West Main St.
Norfolk, VA 23510-1624
RE: Country of origin marking of men’s jackets
Dear Ms. O’Neal:
This is in response to your letter of April 9, 1999, on behalf of Irwin Fashion Import, asking if your proposed country of origin marking on men’s jackets (either sport coats, suit jackets or overcoats) satisfies the country of origin marking requirements set forth in 19 U.S.C. 1304.
FACTS:
This case involves imported men’s jackets (either sport coats, suit jackets or overcoats) that will be entered at the Ports of Los Angeles, New York, and Norfolk.
You state that the jackets will have sewn-in labels immediately below the inside jacket pocket and on the front of the sleeve bearing the designer or brand logo. It is your understanding that neither of these labels will include a reference to a geographic location.
The label bearing the country of origin of the jacket will be permanently affixed to the inside lining within a seam halfway between the underarm and the bottom of the jacket. This label may also include the care instructions and fiber content.
The garment care label will be permanently affixed to the inside of the jacket or at the neck midway between the shoulder seams.
The jacket may also have a ticket tacked on the sleeve of the garment that bears the care instructions, style, reference numbers and size of the jacket.
ISSUE:
Whether the proposed marking of men’s jackets as described above satisfies the country of origin marking requirements set forth in 19 U.S.C. 1304.
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), as amended, 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 its 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements of 19 U.S.C. 1304.
Customs stated in Headquarters Ruling Letter (“HRL”) 732085, dated January 17, 1989, that shirts, coats, sweaters must be marked 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. Previously, in ORR Ruling 638-69, dated January 2, 1979, Customs held that suit jackets, overcoats and sports coats 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 HRL 559738, dated July 2, 1996, Customs held that a men’s wool jacket with a label on the inside pocket with the reference “Portland, Oregon” triggered 19 CFR 134.46 and therefore, the country of origin had to appear on the label attached to the inside pocket.
Section 134.46, Customs Regulations (19 CFR 134.46), as revised by T.D. 97-72, dated August 20, 1997, provides:
In any case in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or location in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such words, letters or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.
The language of the revised section 134.46 provides that its special marking requirements are triggered only when Customs determines that the non-origin marking may mislead or deceive the ultimate purchaser as to the actual country of origin of the article.
With regard to the marking of the jackets that you presented in this case, as you indicate that none of the labels will include a non-origin geographical reference, the special marking requirements of 19 CFR 134.46 would not apply.
The country of origin marking should be located on the neck halfway between the shoulder seams or on or below the inside pocket (assuming that the brand name label is affixed to the jacket in that area). The location of the label halfway between the underarm and the bottom of the jacket is not acceptable.
Your question regarding the garment care labeling should be referred to the Federal Trade Commission for their consideration. It is not within the jurisdiction of the Customs Service.
HOLDING:
The location of the country of origin label on the imported jackets halfway between the underarm and the bottom of the jacket within the seam is not acceptable. The country of origin marking must be located on the neck halfway between the shoulder seams or on or below the inside pocket (assuming that the brand name label is affixed to the jacket in that area).
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
John Durant, Director
Commercial Rulings Division