MAR 2-05 CO:R:C:V 734098 AT
Gail T. Cumins, Esq.
Sharretts, Paley, Carter & Blauvelt, P.C.
37 Broad Street
New York, N.Y. 10004
RE: Country of origin marking requirements for cashmere sweater;
conspicuous; vertical marking
Dear Ms. Cumins:
This is in response to your letter dated March 25, 1991, on
behalf of your client, Polo/Ralph Lauren Corporation, requesting
a prospective binding ruling concerning the acceptability of the
country of origin marking as depicted on the sample sweater
submitted.
FACTS:
The submitted sample is a purple 100% cashmere sweater which
your client Polo/Ralph Lauren Corporation, intends to import from
Hong Kong. The sample sweater also has a sewn-in label in the
neck area imprinted with the words "Polo by Ralph Lauren". The
legend "Made in Hong Kong" appears parallel to the end of this
label (i.e., vertically) and abutting a separate label indicating
the size of the sweater "40". In order to read the "Made in Hong
Kong" horizontally the sweater would have to be turned 90 degrees
from its normal position. Immediately below this main label is a
fiber content label printed with the words "100% Cashmere".
ISSUE:
Does the country of origin marking on the sewn-in label in
the neck area that is printed vertically, i.e., oriented in a
fashion that the sweater must be rotated 90 degrees from its
normal position in order for the marking to be oriented in a
normal reading position, satisfy the requirement that country of
origin marking be conspicuous?
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 permanent as the nature of the
article (or 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. Friedlaender & Co., 27
C.C.P.A. 297 at 302 (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, Customs Regulations (19 CFR
134.41), requires that the ultimate purchaser in the U.S. be able
to find the marking easily and read it without strain.
In HQ 731024 (March 14, 1989), Customs ruled that newspaper
supplements that were vertically marked with the country of
origin satisfied the requirements of 19 CFR 134.41. In this
ruling, Customs stated that since the test of marking sufficiency
is that it appear in a conspicuous manner, not necessarily the
most conspicuous, in some instances vertical marking may be
conspicuous so long as the marking can be found easily and read
without strain. In this case, although the sweater must be
turned 90 degrees from its normal position in order to read the
marking, we find that the words "Made in Hong Kong" vertically
imprinted on the sewn-in main label are not obscured by any other
labels, are fully visible, easy to find and can be read without
strain. Therefore, this marking does satisfy the requirements of
19 CFR 134.41.
In addition, the sewn-in label which is marked with the
words "Made in Hong Kong" depicting the country of origin
satisfies Customs requirements for marking sweaters as provided
in T.D. 54640(6). T.D. 54640(6) requires that shirts, blouses
and sweaters must be legibly and conspicuously marked with the
name of the country of origin by means of a fabric label sewn or
otherwise permanently affixed on the inside center of the neck
midway between the shoulder seams or in that immediate area. In
this case, the label is made of fabric, is sewn on the inside
center of the neck midway between the shoulder seams, is legibly
and conspicuously marked with the country of origin "Made in Hong
Kong". Therefore, all of the requirements stated above are
satisfied.
HOLDING:
The method of marking the sample sweater with a sewn-in
label vertically marked with the words "Made in Hong Kong"
satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR
134.41.
Sincerely,
John Durant, Director