MAR-205 RR:TC:SM 560721 MLR
Ms. Laura Corcoran
Elita Sterling Trading, Inc.
9320 Boul. St.-Laurent #900
Montreal, Quebec
Canada H2N 1N7
RE: Country of origin marking of intimate apparel;
mini camisoles; T.D. 54640(6)
Dear Ms. Corcoran:
This is in response to your letter of October 23, 1997,
requesting a ruling regarding the country of origin marking
on certain pieces of women's upper body wear. Samples and a
brochure were submitted with your request.
FACTS:
The samples submitted are referred to as crop tops and
mini camisoles, and it is stated that they are not outerwear
garments but are intimate apparel. All of the samples,
except one, are white in color (one is black), contain
straps approximately 3/4 to 1 inch in width, and have no
closure apparatus but contain elastic bands that lie on the
wearer at a point just touching the lower curve of the bust.
We note that the brochure indicates that the garments may be
made in various colors. Two samples cross over in the
front, one contains underwire, and the other does not
contain any type of cup construction but stretches across
the bust.
The label attached to the side of the garment below the
armhole contains the country of origin marking "Made in
Canada", and care labeling instructions on the reverse side.
The label also indicates that the garments are constructed
either out of 92 percent cotton and 8 percent lycra spandex,
or 80 percent microfiber nylon and 20 percent lycra spandex,
exclusive of trimming.
ISSUE:
Whether the label at the side of the garments below the
armhole satisfies the requirements of 19 U.S.C. 1304.
LAW AND ANALYSIS:
The marking statute, section 304, 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. The 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., Inc., 27 CCPA 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.
As provided in section 134.41(b), the country of origin
marking is considered to be conspicuous if the ultimate
purchaser in the U.S. is able to find the marking easily and
read it without strain. Customs ruled in T.D. 54640(6)
(July 15, 1958), that shirts, blouses, coats, sweaters and
similar wearing apparel must be legibly and conspicuously
marked with the name of the country of origin 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.
It is claimed that the garments at issue are not
subject to the marking requirements of T.D. 54640(6), as
they are intimate apparel. Please note that T.D. 54640(6)
is within the jurisdiction of the Customs Service and is not
a Federal Trade Commission requirement. We do not find that
T.D. 54640(6) is applicable because the garments do not
contain a neckline, not because the garments are intimate
apparel. The back of all samples scoop down low and the
backside containing the elastic is only at the most 2 «
inches wide. Furthermore, the back center does not contain
a closure apparatus or a stitch line. For the sake of
comfort, it appears that the label is best suited at the
side of the garment where it is stitched together.
Additionally, since the garments just reach below the
bustline, we find that it is not difficult for the ultimate
purchaser to find the label and to search inside the garment
as with a longer garment that covers the torso. However, we
note from the brochure that some styles do contain necklines
and cover the entire torso, such as the long sleeve shirt,
turtleneck bodysuit, or long camisole. These styles should
be marked as to origin by means of a fabric label sewn or
otherwise permanently attached at the inside center of the
neckline pursuant to T.D. 54640(6).
To ensure compliance with the Textile Fiber Products
Identification Act (15 U.S.C. 70) which is applicable to
textile products and under the jurisdiction of the Federal
Trade Commission (FTC), you may wish to contact them at:
Federal Trade Commission, Bureau of Consumer Protection,
Division of Enforcement, 601 Pennsylvania, N.W., Washington,
D.C. 20580 .
HOLDING:
Based on the information and samples, we find that the
submitted samples are not subject to the marking
requirements of T.D. 54640(6) as they do not contain a
neckline, but may be marked with their country of origin by
means of a label placed at the side of the garment below the
armhole.
A copy of this ruling letter should be attached to the
entry documents filed at the time the goods are 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
Commercial Rulings Division