CLA-02 RR:CR:SM 561610 MFC
George M. Keller, Esq.
Customs Advisory Services, Inc.
1003 Virginia Avenue
Suite 200
Atlanta, Georgia 30354
RE: Country of origin marking of intimate apparel; trilingual labels; T.D. 54640(6); 19 CFR
§134.46
Dear Mr. Keller:
We issued an information letter to you on December 14, 1999, (561523), in response to your ruling request of September 23, 1999, on behalf of Maidenform, Inc. (“Maidenform”), for approval of proposed country of origin marking on labels to be sewn into various bras, panties, girdles, and body supporting garments made in the Dominican Republic. Samples of four different labels were submitted for our review. We stated in our letter that we could not issue a ruling, as your request did not specifically describe the location of the labels on the garment. You responded by letter dated December 21, 1999, enclosing three samples of garments to which sewn-in labels were attached for purposes of showing the placement of the labels within the garments.
FACTS:
Your original request included sample labels for which you sought a ruling. The labels indicate the country of origin in English, followed by the same country of origin markings in two other languages. Three of the labels state, “Made in the Dominican Republic with U.S. Materials.” A fourth label states, “Assembled in the Dominican Republic with U.S. Components.” Your most recent letter, submitted with the sample garments, states that “[t]he labels in our original submission would be affixed to like garments (bra to bra, etc) in the same location as the enclosed samples.”
A member of my staff spoke with Ms. Bozeman of your staff, who confirmed that you are seeking a ruling addressing the acceptability of the marking as to the use of three languages and the location of the label. This ruling does not address whether the Dominican Republic is the correct country of origin as no information was provided as to the production of the garments.
The sample garments submitted to show the location of the sewn-in labels are a Maidenform bra, Maidenform french bikini panties, and a Flexees body briefer. The label in the bra is sewn inside the middle back part of the garment, near the hook and eye clasps. The label in the french bikini panties is sewn inside the middle back of the waistband. The label in the body briefer is sewn inside the left side of the garment, near the back of the left arm-hole, close to the shoulder strap. On each of the sewn-in labels, the country of origin marking appears on the front of the label.
ISSUES:
Whether the stated country of origin marking is acceptable.
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 United States 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 United States the English name of the country of origin of the article. By enacting 19 U.S.C. §1304, Congress intended to ensure that the ultimate purchaser would know the country of origin of the goods by inspecting the marking on the imported goods. 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, 302 C.A.D. 104 (1940).
Part 134 of the Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. According to 19 CFR §134.41, the country of origin marking is considered to be conspicuous if the ultimate purchaser in the United States is 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.
As we noted in our information letter to you, the country of origin marking statute and regulations only require that the English name of the country of origin appear on the article or its container. However, there is nothing to preclude repeating the same country of origin marking in other languages. Accordingly, we find that the use of three different languages on the proposed labels is acceptable.
In our information letter, we made reference to Treasury Decision (“T.D.”) 54640(6), in which Customs found that wearing apparel such as shirts, blouses, coats, 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 or otherwise permanently marked in that area in some other manner. We also called your attention to T.D. 71-264(3), in which Customs ruled that trousers, slacks, jeans and similar wearing apparel must be marked by means of a permanent label affixed in a conspicuous location on the garment, such as the inside of the waistband. The labeling of the sample bra and panties is acceptable, as it is conspicuous and conforms to the requirements of the cited Treasury Decisions. However, since the marking on the body briefer is not midway between the shoulder seams, we must consider whether this marking is acceptable.
In Headquarters Ruling Letter (“HQ”) 560721 (October 29, 1997), Customs examined whether it was acceptable to mark certain intimate wear consisting of crop tops and mini camisoles with a country of origin label attached to the side of the garment below the armhole. That ruling held that T.D. 54640(6) was not applicable to the garments at issue as they did not contain a neckline, but declined to find that the articles were not covered by T.D. 54640(6) because they were intimate apparel, as the requestor had urged. We held in HQ 560721 that the marking on the crop tops and mini camisoles at the side of the garment below the armhole was acceptable. Similarly, in the instant case, the body briefer does not contain a neckline equivalent to that of a shirt or blouse covered by T.D. 54640(6), therefore, provided that Customs finds the marking to be conspicuous to the ultimate purchaser, the marking will be considered acceptable. We find that the marking on the body briefer is conspicuous as it is located at the top of the garment, in the immediate area where one would expect to find the marking and contains other required labeling information. Accordingly, we find that the marking on the body briefer is acceptable.
We note that sample body briefer includes a hang tag attached to the front of the garment, the back of which states at the bottom, “For any product related comments write to us at: 154 Avenue E, Bayonne, New Jersey 07002.” While we understand that this sample garment was submitted only to show the placement of the country of origin marking label, we would like to call your attention to the fact that this non-origin geographic reference raises the issue of whether the special marking requirements of 19 CFR §134.46 are triggered. Section 134.46 requires that where the name of any location other than the country of manufacture or production appears on the imported article or its container, and those words may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, the name of the country of origin must appear in close proximity to the non-origin reference and in at least a comparable size, preceded by “Made in,” “Product of,” or other words of similar meaning. However, we find that the reference to the U.S. address on the hang tag does not trigger the special requirements of 19 C.F.R. §134.46. The U.S. address printed on the hang tag does not connote origin, but rather clearly invites customers to contact the company with their questions about the product. See HQ 560510 (October 8, 1997) and HQ 733840 (February 1, 1991).
HOLDING:
The country of origin marking on the subject garments by means of a sewn-in label in the back of the garments as noted satisfies the requirements of the Customs marking statute and regulations.
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