MAR 2-05 CO:R:C:V pmh
Ms. Diana Incivilito
Warnaco Sourcing
485 7th Avenue - 14th Floor
New York, N.Y. 10018
RE: Country of origin marking on imported men's garments.
Dear Ms. Incivilito:
This is in response to your letter of February 5, 1988, in
which you requested a ruling on the proposed country of origin
marking for imported men's knit shirts. We regret the delay in
responding to this matter.
FACTS:
The submitted sample is a man's knit pullover shirt. The
shirt is 100 percent cotton, with a V-shaped neckline. The shirt
is beige with white neckline and waistband. Inside the neck of
the garment are two white labels with black printing. On one of
the labels is the name "Christian Dior." On the other label are
the size, the fiber content and the words "MADE IN BRAZIL."
Screen-printed in black on the back of the garment are the words
"Christian Dior, 30 Avenue Montaigne, PARIS 75008." The words
"MADE IN BRAZIL" on the inside label are 1/8th of an inch; the
word "PARIS" on the back of the garment is approximately the same
size.
ISSUE:
Whether the country of origin marking on the submitted
garment complies with the 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. Part 134, Customs
Regulations (19 CFR Part 134), sets forth regulations
implementing the country of origin marking requirements and
exceptions of 19 U.S.C. 1304. Section 134.41, Customs
-2-
Regulations (19 CFR 134.41), provides that the marking of an
imported product must be conspicuous enough so that the ultimate
purchaser will be able to find the marking easily and read it
without strain.
After careful review of the submitted sample garment, we
have concluded that the country of origin marking is sufficiently
conspicuous to meet the requirements of 19 U.S.C. 1304. It is
our opinion that the label inside the neckline is particularly
prominent due to the open V-style neckline and that the words
"MADE IN BRAZIL" are of sufficient size and boldness to make them
readily visible to the ultimate purchaser.
In addition, we note that section 134.46, Customs
Regulations (19 CFR 134.46), requires that when the name of any
city or locality in the U.S., 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, 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 purpose of this section is to prevent the
possibility of misleading or deceiving the ultimate purchaser.
In this case, we find that due to the prominent placing of the
label inside the neckline and the conspicuousness of the words
"MADE IN BRAZIL," the country of origin is immediately apparent
to the ultimate purchaser. The Paris address would be noticed
only upon turning the garment. Consequently, it is our opinion
that although the country of origin mark is not in close
proximity to the Paris address printed on the back of the
garment, the purpose of section 134.46 has been served in this
case.
HOLDING:
Based on all the factors in this case and after careful
examination of the sample submitted, we find that the country of
origin marking satisfies the requirements of 19 U.S.C. 1304.
Enclosed please find the sample garment you submitted.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch