MAR-2-05 RR:TC:SM 560382 DEC
Ms. Margret Mowery
Total Logistic Resource International Trade Services,
Incorporated
5362 N.E. 112th Avenue
Portland, Oregon 97220
RE: Country of origin marking of reversible jackets; 19 CFR
134.41; T.D. 54640(6);
19 CFR 134.41; HRL 731513; HRL 734353; HRL 734676; HRL
734692; HRL 734975;
HRL 734889
Dear Ms. Mowery:
This is in response to your letter dated March 28, 1997, in
which you seek a ruling with respect to the appropriate country
of origin marking for certain reversible jackets to be imported
by your client, Duffel Sportswear. You have submitted a sample
of the reversible jacket.
FACTS:
Duffel Sportswear intends to import reversible jackets. You
state that Duffel Sportswear prefers to mark the country of
origin of the jackets on a label that will be sewn into the seam
of the left-side pocket. Since you do not indicate that the
sample jacket is sold with any additional hangtags that provide
information about the jacket to the ultimate purchaser, we will
assume, for purposes of this ruling, that even if additional
information is contained on a hangtag, the information will not
pertain to the country of origin of the jacket.
ISSUE:
Whether the country of origin marking on the reversible
jackets described above is an acceptable country of origin
marking pursuant to 19 U.S.C. 1304 and part 134, Customs
Regulations (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.
In T.D. 54640(6), Customs determined that, to be
conspicuous, the country of origin marking of wearing apparel
such as shirts, blouses and sweaters 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. In addition, in T.D. 55015(4) (1960), Customs
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).
Examples of the leeway that Customs has allowed for
reversible garments that are otherwise conspicuously, permanently
and legibly marked in accord with 19 U.S.C. 1304 and 19 CFR Part
134 include Headquarters Ruling Letter (HRL) 731513, dated
November 15, 1988, in which 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 addition, in HRL 734692,
dated 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.
Also, in HRL 732975, dated 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 HRL 734676, dated 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 hangtag properly marked
with the country of origin of the shorts was necessary for the
marking to be acceptable. In HRL 734353, dated 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 HRL 734889, dated June 2, 1993, Customs found that since
the jean jackets at issue were reversible, a sewn-in label at the
neck was not required. However, Customs stated that the method
of marking must be legible, conspicuous and permanent. Customs
determined that the sewn-in label attached to the inside pocket
near the waistband did not satisfy the conspicuousness
requirement of 19 CFR 134.41(b). The sewn-in label on the
submitted sample was not easily noticeable from a casual
inspection of the jacket. The inside of the pocket was deemed
not to be 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 and then
turn the pocket inside out to locate the label. This cannot be
done easily during a casual examination of the jacket by an
ultimate purchaser. Accordingly, we held that the sewn-in label
did not satisfy the conspicuousness requirement of 19 CFR
134.41(b) and it was not an acceptable country of origin marking
for the jacket. However, we stated that marking the jean jacket
with 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.
Since the jackets are reversible, a sewn-in-label at the
neck is not required. See T.D. 55015(4). However, the method of
marking must be legible, conspicuous and permanent. We find that
the sewn-in label attached to the inside pocket of the reversible
jacket does not satisfy the conspicuousness requirement of 19 CFR
134.41(b). The sewn-in label on the submitted sample jacket is
not easily noticeable from a casual inspection of the article.
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 and then find the inside of the particular
pocket that contains the label to locate the label. The ultimate
purchaser cannot easily find the origin information during a
casual examination of the jacket. Accordingly, this sewn-in
label does not satisfy the conspicuousness requirement of 19 CFR
134.41(b).
However, the additional marking of the reversible jacket by
means of a cardboard hangtag affixed with a plastic anchor in an
area such as the neck area or zipper would be an acceptable
method of marking the jacket provided the hangtag is legibly,
conspicuously and permanently marked in accordance with 19 U.S.C.
1304 and 19 CFR Part 134. The label on the sample reversible
jacket submitted for our review, by itself, is unacceptable.
HOLDING:
Since the imported jacket is reversible, it is not required
to be marked by means of a sewn-in label affixed to the neck
mid-way between the shoulder seams. Merely marking the jacket
with only a sewn-in label inside the pocket does not satisfy the
conspicuousness requirement of 19 CFR 134.41. However, an
additional country of origin statement on a cardboard hangtag
secured to the jacket by means of a plastic anchor is acceptable
provided the hangtag is legible, conspicuous, and permanently
marked in accordance with 19 U.S.C. 1304 and 19 CFR Part 134.
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is entered. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
John Durant
Director
Tariff Classification Appeals
Division
.