MAR-2-05 CO:R:C:V 734889 AT
Ms. Marty Langtry
Tower Group International, Inc.
5420 West 104th Street
Los Angeles, California 90045
RE: Country of origin marking of imported reversible jean
jackets; 19 CFR 134.41; T.D. 54640(6); HQ's 731513, 734353,
734676, 734692, 734975
Dear Ms. Langtry:
This is in response to your letters dated November 10, 1992,
and May 2, 1993, on behalf of Pepe Clothing (Pepe), requesting a
ruling on acceptable country of origin markings for imported
reversible men's jean jackets from Hong Kong. A sample was
submitted with your letter.
FACTS:
You state that Pepe intends to import reversible 100 percent
cotton men's jean jackets from Hong Kong into the U.S. The
submitted sample jacket has a collar, is long sleeved and extends
down to the hips. The jacket is completely reversible. One side
of the jacket is of woven solid blue denim material. This side
includes two breast and two lower pockets. Five copper color
buttons close the front. The other side of the jacket is woven
of white and light blue striped denim. This material is sewn
onto the solid blue denim. This side of the jacket also has two
breast pockets and two lower pockets. Five copper color buttons
close the front. In addition, on the white and light blue side,
there is a silk screened advertisement printed with the phrase
"Pepe Co. Leads the World Jeans Wear". Both sides of the jacket
have a leather label sewn into the center bottom near the waist.
The words "Pepe Co.", "World Pepe Service" and "Jean Wear" are
printed on the label. Inside the bottom left lower pocket on the
white and light blue striped side of the jacket a country of
origin label is sewn marked with the words "Made in Hong Kong" in
black lettering approximately 6 point (a point is a unit of
measurement approximately equal to 0.01384 inches or nearly 1/72
inches and all type sizes are a multiple of this unit). Other
information, such as the RN number and fiber content are also
printed on the sewn-in label.
You have asked whether marking the jean jacket with the
sewn-in origin label is an acceptable country of origin marking
for the jacket since the jacket is reversible and a sewn-in label
at the neck area can not be used. A sample jacket marked in this
manner was submitted. However, if the sewn-in pocket label is
not an acceptable marking, you ask whether a cardboard hangtag
marked with the country of origin affixed through the neck with a
plastic anchor is an acceptable marking for the jacket. A sample
hangtag was not submitted for our review.
ISSUE:
Whether the proposed markings of the sample reversible jean
jacket satisfies the country of origin marking requirements of 19
U.S.C. 1304 and 19 CFR Part 134?
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 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. Congressional intent in
enacting 19 U.S.C. 1304 was "that the ultimate purchaser should
be able to know by an inspection of the marking on the imported
goods the country of which the goods is the product. The evident
purpose 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. Friedlander & Co., 27
C.C.P.A. 297 at 302; C.A.D. 104 (1940).
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Section 134.41(b), Customs Regulations (19 CFR
134.41(b), requires that the marking be conspicuous enough that
an ultimate purchaser will be able to find the marking easily and
read it without strain. The degree of permanence of the marking
should be at least sufficient to insure that in any reasonably
foreseeable circumstance, the marking shall remain on the article
until it reaches the ultimate purchaser unless it is deliberately
removed. The marking must survive normal distribution and store
handling.
Customs 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. Nevertheless, Customs has allowed some
leeway for reversible garments that are otherwise conspicuously,
permanently and legibly marked in accord with 19 U.S.C. 1304 and
19 CFR Part 134. In HQ 731513 (November 15, 1988), Customs
allowed a reversible ladies jacket to be marked with the country
of origin on a paper hangtag attached to the neck area of the
garment. In that ruling, Customs considered the fact that the
jacket was designed to be reversible and that removal of the
fabric label sewn into the jacket could damage the jacket. In HQ
734692 (October 31, 1992), Customs allowed reversible jackets to
be marked with two country of origin labels, one sewn into the
inside pocket and one on a hang tag attached to the zipper. In
HQ 732975 (March 13, 1990), Customs ruled that a reversible tank
top designed to be wearable either on the aqua side or the purple
side as the outside of the garment could be marked with a hangtag
attached to the neck area which contained the country of origin
along with the RN number, size, style and washing instructions.
Two rulings considered whether a country of origin label
inside a pocket was conspicuous. In HQ 734676 (December 23,
1992), Customs ruled that it was acceptable to mark the country
of origin of reversible shorts by means of a sewn-in label inside
the rear pocket and a hangtag attached to the waistband. Customs
noted that the sewn-in label inside the rear pocket did not
satisfy the conspicuous requirements of 19 CFR 134.41 by itself
and that the additional hang tag properly marked with the country
of origin of the shorts was necessary for the marking to be
acceptable. In HQ 734353 (February 18, 1992), Customs ruled that
a garden apron marked with the country of origin by means of
sewn-in label inside the pocket and a paper adhesive sticker on
the back of the packaging was not acceptable.
In this case, since the jackets in question are reversible,
a sewn-in label at the neck is not required. However, the method
of marking must be legible, conspicuous and permanent. We find
that the sewn-in label attached to the inside pocket near the
waistband does not satisfy the conspicuousness requirement of 19
CFR 134.41(b). The sewn-in label on the submitted sample is not
easily noticeable from a casual inspection of the jacket. The
inside of a pocket is not a location where an ultimate purchaser
would expect to find a country of origin marking for this type of
article. Also, in order to find the sewn-in label an ultimate
purchaser would first need to have the jacket turned to the
correct side, in this case the white and light blue striped side,
and then turn the pocket inside out to locate the label. This
definitely can not be easily done during a casual examination of
the jacket by an ultimate purchaser. Accordingly, the sewn-in
label does not satisfy the conspicuousness requirement of 19 CFR
134.41(b) and it is not an acceptable country of origin marking
for the jacket.
However, in the alternative, marking the jean jacket by
means of a cardboard hangtag affixed through the neck with a
plastic anchor would be an acceptable method of marking the
jacket provided the hangtag is legibly, conspicuously and
permanently marked in accord with 19 U.S.C. 1304 and 19 CFR Part
134 (factors which we can not determine in this ruling since a
marked sample was not submitted for our review).
It should be noted that textile fiber products imported into
the U.S. must be labeled in accordance with the Textile Fiber
Products Identification Act (15 U.S.C. 70 through 70k) and the
rules promulgated thereunder by the Federal Trade Commission.
Therefore, we suggest that you contact the Federal Trade
Commission, Division of Enforcement, 6th and Pennsylvania Avenue,
N.W., Washington, D.C. 20508, as to whether the labels for the
jackets satisfy such requirements.
HOLDING:
Given that the imported jean jackets are reversible, the
jackets are not required to be marked by means of a sewn-in label
affixed to the neck mid-way between the shoulder seams, as
required by T.D. 54640(6), provided the jackets are
conspicuously, legibly and permanently marked with the country of
origin.
Marking the jackets by means of a sewn-in label inside the
bottom pocket does not satisfy the conspicuousness requirement of
19 CFR 134.41, and is not acceptable. However, marking the
jackets by means of a cardboard hangtag affixed through the neck
area with a plastic anchor is acceptable provided the hangtag
satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR
Part 134.
Sincerely,
John Durant, Director
Commercial Rulings Division