MAR-2-05 CO:R:C:V 734105 GRV
Sandra Liss Friedman, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, N.Y. 10016
RE: Country of origin marking of raincoats packaged
with their fabric tie belts. 19 CFR 134.41(b);
T.D. 54640(6); T.D. 55015(4)
Dear Ms. Friedman:
This is in response to your letter of February 20, 1991, on
behalf of Junior Portrait Ltd., and addressed to the National
Import Specialist in New York, requesting a ruling regarding the
country of origin marking requirements applicable to imported
packaged raincoats with tie belts. These garments have their tie
belts looped through the hanger loop in the neck of the coats,
which can partially and temporarily conceal the country of origin
marking label sewn in the neck of the coats. Samples of
raincoats with their belts were submitted for examination and
will be returned under separate cover. Your letter was forwarded
to this office on March 19, 1991, for a direct reply.
FACTS:
Various style raincoats (some with belt loops, but all with
fabric tie belts) are manufactured in various countries by
different manufacturers for export to the U.S. To prevent the
loss of the respective tie belt, it is looped through the hanger
loop in the neck of its raincoat--whether or not the garment has
belt loops. The raincoats are then packaged on hanging contain-
ers, i.e., on hangers covered with plastic sheeting, to prevent
excess wrinkling. The country of origin of each raincoat is
conspicuously located on a fabric label sewn on the inside center
of the neck and printed on the plastic sheeting. (Based on the
samples submitted, this fabric label is located some 6-7 inches
below the hanger loops in the necks of the coats). This packag-
ing arrangement covers the country of origin marking sewn into
the neck area of the coats. To compensate for this marking
condition, the country of origin is secondarily conspicuously
denoted by a hang tag affixed to the sleeve end of each raincoat.
Customs officials in New York have indicated that the
packaged condition of the imported raincoats presents a
conspicuousness (visibility) issue regarding the primary, sewn-
in label.
You contend that shipping the garments in this fashion does
not violate the country of origin marking requirements for three
reasons: (1) the country of origin marking information sewn into
the neck of each coat can be easily located by the consumer;
(2) the tie belts will be removed from the hanger loops either by
retailers, in the case of those raincoat styles with belt loops,
or by consumers when they try on the particular raincoat; and
(3) the country of origin is secondarily denoted by means of a
hang tag affixed to the sleeves of the raincoats. Accordingly,
you request a ruling concerning the packaged condition of the
imported raincoats.
The National Import Specialist is of the opinion that the
proposed method of shipping these coats allows the ultimate
purchaser to readily see the country of origin upon a casual
handling of the article, as required by 304 of the Tariff Act
of 1930, as amended.
ISSUE:
Whether the packaged raincoats are conspicuously marked,
such that an ultimate purchaser, upon a casual inspection of the
merchandise, can easily find and read the country of origin
marking as required by 19 U.S.C. 1304 and 19 CFR 134.41(b).
LAW AND ANALYSIS:
The marking statute, 304 of the Tariff Act of 1930, as
amended (19 U.S.C. 1304), provides that, unless excepted, every
article of foreign origin (or its container) 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 pur-
chaser 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 and exceptions of 19
U.S.C. 1304.
The primary purpose of the country of origin marking statute
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
CCPA 297, 302, C.A.D. 104 (1940). The clear language of 1304
requires 'conspicuous' marking, and to this end 134.41, Customs
Regulations (19 CFR 134.41), further provides, in part, that the
ultimate purchaser in the U.S. must be able to find the marking
easily and read it without strain.
The "ultimate purchaser" is defined generally as the last
person in the U.S. who will receive the article in the form in
which it was imported. 19 CFR 134.1(d). Example (3) of this section provides that if an article is to be sold at retail in
its imported form, the purchaser at retail is the "ultimate
purchaser." (Emphasis supplied).
In T.D. 54640(6), 93 Treas.Dec. 301 (1958), Customs
determined that, to be conspicuous, the country of origin marking
of wearing apparel must be accomplished by means of a fabric
label or label made from natural or synthetic film sewn or
otherwise permanently affixed on the inside center of the neck
midway between the shoulder seams or in that immediate area or
otherwise permanently marked in that area in some other manner in
order to be conspicuous within the meaning of 19 U.S.C. 1304.
And in T.D. 55015(4), 95 Treas.Dec. 3 (1960), we stated that
labels bearing the required marking looped around the hanger of
reversible garments such as coats, jackets, and sweaters with the
two label ends firmly stitched together is an acceptable form of
marking, thus, extending the rule of T.D. 54640(6).
After examining the packaged raincoats submitted, we agree
with the National Import Specialist that the primary country of
origin marking sewn in the raincoats constitutes conspicuous
marking, as it is readily discernible by ultimate purchasers with
a casual handling of the article; the marking information appears
in its usual location. And given that each raincoat is second-
arily marked by means of a hang tag affixed to its sleeve and
that the fabric tie belts are not permanently affixed to the
raincoats, we find that the packaged raincoats are conspicuously
marked within the meaning of 19 U.S.C. 1304 and 19 CFR 134.41(b),
as the marking(s) are easy to find and read.
HOLDING:
Based on the samples submitted, the packaged raincoats
imported are marked conspicuously enough so that ultimate
purchasers can easily find and read their country of origin upon
a casual inspection of the merchandise, as required by 19 U.S.C.
1304 and 19 CFR 134.41(b).
Sincerely,
John Durant, Director