MAR-2-05 RR:CR:SM 560831 KSG
Jonice Gaidar
Customs Analyst
JC Penney Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301-0001
RE: Reversible garment; 19 CFR 134.41(b); permanence;
conspicuousness; hangtag
Dear Ms. Gaidar:
This is in reference to your letter of January 26,
1998, requesting a binding ruling on the country of origin
marking of a women's reversible knitted tunic. A sample was
submitted.
FACTS:
The knitted tunics to be imported are expected to be
made in Thailand. However, the source may change as
business needs require. The tunic is a reversible garment;
one side is a solid color and the other side has a stripe
pattern. You propose to mark this garment by placing an
adhesive label at the center back neck and attaching a
hangtag to the left underarm. Both the adhesive label and
the hangtag would contain various information, including the
country of origin of the garment. You are concerned with
complying with the requirements of both the Customs Service
and the Federal Trade Commission.
ISSUE:
Whether marking the country of origin of the reversible
knitted tunic on an adhesive label and on a hangtag attached
at the underarm satisfies the requirements of 19 U.S.C.
1304.
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930 (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.
Part 134, Customs Regulations (19 CFR Part 134),
implements the country of origin marking requirements 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 a 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.
However, Customs has allowed leeway on the standards
set forth in T.D. 54640(6) for reversible garments that are
otherwise conspicuously, permanently and legibly marked in
accordance with 19 U.S.C. 1304. For example, in HRL 560382,
dated July 24, 1997, Customs held that a sewn- in label
attached to the inside pocket of a reversible jacket was not
a conspicuous marking in accord with 19 CFR 134.41(b) but
that a cardboard hangtag affixed with a plastic anchor in an
area such as the neck area or zipper would be acceptable
provided the hangtag is legibly, conspicuously and
permanently marked. In HRL 958965, dated February 4, 1997,
Customs determined that reversible vests marked by swift
tacking a cardboard hangtag at the side seam of the bottom
left armhole or at the left top center back was acceptable
as long as the hangtag is legible, conspicuous and
permanent.
In this case, it appears that the adhesive label would
not, in itself, satisfy the permanence requirements of 19
CFR 134.41(b) because it is not securely affixed to the
garment and might not survive normal distribution and store
handling and remain on the article until it reaches the
ultimate purchaser. However, the marking on the hangtag in
this case is similar to the hangtag marking in HRL 560382
and HRL 958965. Therefore, marking the country of origin of
the reversible knitted tunic on the hangtag is acceptable
and satisfies the permanence and conspicuousness
requirements of 19 CFR 134.41(b), as long as the hangtag is
legible, conspicuous and permanently marked.
HOLDING:
Attaching an adhesive label with the country of origin
on a reversible knitted tunic, by itself, would not satisfy
the permanence requirements of 19 CFR 134.41(b) and 19
U.S.C. 1304. However, a hangtag bearing the country of
origin swift tacked to a reversible knitted tunic would
satisfy the conspicuousness requirement of 19 CFR 134.41(b)
and the requirements of 19 U.S.C. 1304, as long as the
hangtag is legible, conspicuous and permanently marked.
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
Commercial Rulings Division