MAR-2-05 CO:R:C:V 734476 ER
Ms. Annette Cortez
American Terrain
6353 Corte Del Abeto
Suite 106
Carlsbad, CA 92009
RE: Placement of Country of Origin Marking Label on a Man's
Woven Shirt; 19 U.S.C. 1304; 19 CFR 134.1(d); 19 CFR 134.47;
United States v. Friedlaender & Co., 27 C.C.P.A. 297, C.A.D. 104
(1940); C.S.D. 88-38, 22 Cust. Bull. 420 (1988); T.D. 54640(6)
1958; HQ 729495 (April 21, 1986).
Dear Ms. Cortez:
This is in response to your letter of December 10, 1991, in
which you request a ruling regarding the correct placement of the
country of origin label inside a man's woven shirt. A sample was
provided.
FACTS:
The sample garment, a product of Hong Kong, is a long sleeve
white button-up shirt, style ADS-100, with a collar. The words
"American Terrain", a trade name, appear on the inside of the
shirt on a label sewn 1/2" below the bottom collar seam into the
center of the neck midway between the shoulder seams. The words
appear in black letters (approximately 1/8" in height and width)
on a multicolor label measuring approximately 1 3/4" x 3 1/2".
The words "Made in Hong Kong" appear in black letters of equal
size (approximately 1/8" in height and width) on a country of
origin label. The country of origin label is smaller
(approximately 1" x 1"), terra cotta colored and is sewn into the
bottom collar seam 1/2" above and 1/2" to the right of the first
label. The label is obscured by the collar. By telephone
conversation on January 29, 1991, you confirmed that the shirts
are sold at the retail level and are displayed either folded or
hanging.
ISSUE:
Whether the country of origin labels on the men's shirts,
style ADS-100, are properly located within the meaning of section
304 of the Tariff Act of 1930, as amended (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 (or its container) imported into the United States 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 United States the English name of the country of the
article. Part 134, Customs Regulations (19 CFR 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
C.C.P.A. 297, C.A.D. 104 (1940). Section 134.1(d), Customs
Regulations (19 CFR 134.1(d)) defines the "ultimate purchaser"
generally as the last person in the United States who will
receive the article in the form in which it was imported. Since
the shirts are intended for sale at the retail level, the retail
consumer is considered the ultimate purchaser in this case for
the purpose of implementing the country of origin marking laws.
At issue here is the proper location of the country of
origin label in the shirt. Customs has determined that country
of origin marking appearing on the inside center of the neck of a
shirt midway between the shoulder seams or in that immediate area
is conspicuous within the meaning of 19 U.S.C. 1304 and is, in
fact, the requisite location. T.D. 54640(6). Also relevant are
the requirements of two related provisions of the marking
regulations, 19 CFR 134.46 and 19 CFR 134.47. In the instant
case, application of special marking requirements set forth in
these provisions are triggered by the presence of the word
"American" printed on one label. The purpose of both provisions
is the same, namely to prevent the ultimate purchaser from being
misled or deceived when the name of a country or place other than
the country of origin appears on an imported article or its
container. The critical difference between the two provisions is
that section 134.46, Customs Regulations (19 CFR 134.46) requires
that the name of the actual country of origin appear "in close
proximity" to the U.S. reference and in lettering of at least
comparable size. By contrast, section 134.47, Customs
Regulations (19 CFR 134.47) is less stringent, providing that
when as part of a trade name, trademark or souvenir mark, the
name of a location in the United States or "United States" or
"America" appears on the imported article, the name of the
country of origin must appear in close proximity or "in some
other conspicuos location". In other words, the latter provision
triggers only a general standard of conspicuousness. In either
case, the name of the country of origin must be preceded by "Made
in", "Product of", or other similar words. As applied here, the
less stringent requirement of section 134.47, Customs Regulations
(19 CFR 134.47) applies since the word "American" appears as part
of the trade name "American Terrain".
In HQ 729495 (April 21, 1986), Customs ruled that certain
men's shirts were not adequately marked as to country of origin.
There, the shirts had two labels permanently affixed to the
inside of the shirt collar. One label was placed in the middle
of the back of the collar, and bore the words "Fabric Woven in
U.S.A.". The second label was sewn into the collar 5/8" below
and 3/4" to the right of the first label, and bore the words
"Assembled in Honduras". Headquarters determined that the shirts
in question did not satisfy the marking requirements because the
fabric label was not affixed on the inside center of the neck
midway between the shoulder seams or in that immediate area as
required by T.D. 54640(6) and because the fabric label with the
country of origin was significantly off to the side and partially
obscured by the collar. Similarly here, the shirt fails to
satisfy the location requirement prescribed by T.D. 54640(6)
since the country of origin label is significantly to the right
of the center of the neck area and is obscured by the collar.
Since the shirt fails to meet the country of origin marking
location requirement set forth in T.D. 54640(6) and explained
above, for purposes of this ruling it is unnecessary to
determine whether it satisfies the conspicuousness requirement of
section 134.47, Customs Regulations (19 CFR 134.47). However,
for future reference it is worthwhile to note that in C.S.D. 88-
38, 22 Cust. Bull. 420, HQ 731314 (July 18, 1988), Customs
specifically attributed the correct location of a country of
origin label (in the inside center of the neck midway between the
shoulder seams, as set forth in T.D. 54640(6)) as the determining
criteria in concluding that the conspicuousness requirement of
section 134.47, Customs Reglations (19 CFR 134.47) was met.
HOLDING:
Based on the information and sample submitted, the country
of origin marking of men's shirts, style ADS-100, does not comply
with the location requirement prescribed by T.D. 54640(6) and
consequently does not satisfy the marking requirements set forth
in 19 U.S.C. 1304.
Sincerely,
John Durant, Director
Commercial Rulings Division
cc: Joan L. Peterson
Chief, NIS
Branch 3, NY Seaport