MAR 2-05 CO:R:C:V 731600 LR
Scott A. Cohn, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman
16 East 49th Street
New York, N.Y. 10017
RE: Country of origin marking requirements for ladies' knit top
Dear Mr. Cohn:
This is in response to your letter of July 15, 1988, on
behalf of your client, Mast Industries, requesting a binding
ruling concerning country of origin marking requirements for a
ladies' knit top.
FACTS:
The submitted sample is a ladies' green knit top composed
of 70% lambswool, 20% angora, and 10% nylon and will be imported
from Hong Kong. The top has no pockets, contains three-quarter
length sleeves and has a full frontal opening which is secured by
eight buttons along the front placket up to the rib-knit collar.
The garment is reportedly designed to be worn either with the
buttons in the front or "backwards" with the buttons in the back.
The country of origin appears on a permanently sewn-in label on
the inside of the lower side seam approximately 4 1/2 inches from
the bottom of the sweater and several inches above the knitted
waistband area. In addition to the country of origin, the label
indicates the fiber content, RN number, and care instructions.
ISSUE:
Is it acceptable to mark the country of origin on a ladies'
knit top that is designed to be worn "frontwards" and "backwards"
on a label sewn on the inside of the lower side seam
approximately 4 1/2 inches from bottom of the sweater and several
inches above the knitted waistband?
- 2 -
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19
U.S.C. 1304), generally requires that articles 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 marking must be
conspicuous enough so that the ultimate purchaser will be able to
find the marking easily and read it without strain. (Section
134.41, Customs Regulations (19 CFR 134.41)).
Although Customs has 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, other methods have been approved
in certain instances. For example, reversible garments may be
marked by means of a label looped around the hanger of the
garments provided the two label ends are firmly stitched together
(T.D. 55015(4)). A cowl neck sweater with a neck which is too
thick to go under the shoe of a sewing machine may be marked by
means of a fabric label sewn on the waist seam instead of the
neck, provided the marking is legible, permanent and conspicuous
so that the ultimate purchaser can find the marking easily and
read it without strain (HQ 709180, dated June 19, 1978).
Finally, a woman's tee shirt consisting of a V-neck and a scoop
neck which is designed to be worn with the scoop neck in either
front or back, may be marked with the country of origin on the
side seam (HQ 729107, dated November 13, 1985).
In the instant case, it is argued that based upon the fact
that the garment is designed to be worn in both the traditional
"frontward" and non-traditional "backward" manner, it would be
impractical to place a permanent country of origin label in the
neck area. You indicate that a sewn-in label affixed to the rear
of the neck would become an irritant to the wearer when the
garment is worn in the "backward" fashion. In addition, you
claim that any attempt by the ultimate purchaser to remove such a
label would cause damage to the appearance and construction of
the garment.
- 3 -
Based on the problems that would result if the garment were
required to be marked in the neck area, we find that it is
acceptable to place the country of origin label in some other
conspicuous location. Although we believe that placement of the
label in the side seam near the bottom of the sweater would
generally be considered conspicuous, the country of origin label
on the submitted sample, is 4 1/2 inches from the bottom of the
sweater, is difficult to find and is not sufficiently conspicuous
within the meaning of 19 U.S.C. 1304 and 19 CFR 134.41. This is
especially true considering the fact that the country of origin
label appears in a location other than the usual neck location
where the ultimate purchaser would be expected to look.
We suggest you contact the Federal Trade Commission, 6th
and Pennsylvania, NW. Washington, D.C. 20580 for information
regarding whether the marking on the side seam is acceptable
under the Textile Fiber Products Identification Act, as amended
(15 U.S.C. 70).
HOLDING:
A ladies' knit top which is reversible in that it is
designed to be worn either with the buttons in the front or in
the back may, for purposes of 19 U.S.C. 1304, be marked with the
country of origin by means of a fabric label sewn in a
conspicuous location of the garment other than the neck area of
the garment. The submitted sample which is marked by means of a
fabric label sewn into the side seam approximately 4 1/2 inches
from the bottom of the sweater and several inches above the
knitted waistband is not sufficiently conspicuous.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
cc: MAR 2-05 CO:R:C:V:LR:MM:FNL 11/07/88