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