MAR-05 RR:CR:SM 561255 BLS
Arthur W. Bodek, Esq.
Graham & James LLP
885 Third Avenue
New York, N.Y. 10022-4834
RE: Country of origin marking of a front-to-back reversible garment
Dear Mr. Bodek:
This is in reference to your letter dated December 30, 1998, on behalf of Ellen Tracy, Inc., requesting a ruling concerning country of origin marking of a front-to-back reversible women’s sweater.
FACTS:
You state the following:
Ellen Tracy is contemplating the importation of style no. 18701399 which is a sweater constructed from a knitted 77% cotton/23% rayon fabric. The style is designed, and will be specifically marketed as a front-to-back reversible garment. As such, it will be marketed for wear with the buttoned opening as either the front or the back of the garment.
You point out that a sewn-in label in the neck area would be detrimental to the appearance of the garment when worn with the buttoned side as the back and would also be uncomfortable to the wearer.
Therefore, Ellen Tracy would like to mark the garment in a manner other than by use of a sewn-in label in the neck area; specifically, by means of a hangtag securely affixed in the neck area setting forth the country of origin, fiber content and company name and/or RN number.
Alternately, Ellen Tracy proposes to indicate the country of origin of the garment on an origin label sewn to the inside side seam of the garment approximately 2 1/2 inches from the bottom.
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Finally, if required by Customs, the country of origin would be set forth on both the neck area hangtag and side seam label described above.
ISSUE:
Whether the proposed marking of the women’s sweater 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.
In T.D. 54640(6), Customs ruled 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 134. See Headquarters Ruling Letter (HRL) 731513, dated November 15, 1988 (a reversible ladies jacket with the country of origin on a paper hangtag attached to the neck area of the garment was allowed); HRL 734692, dated October 31, 1992 (reversible jackets marked with two
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country of origin labels, one sewn into the inside pocket and one on a hangtag attached to the zipper was acceptable); and HRL 734889, dated June 2, 1993 (a sewn in label at the neck was not mandated under 19 U.S.C. 1304 for reversible jean jackets).
As noted above, you propose to mark the reversible garments either by 1) a hangtag affixed in the neck area setting forth the country of origin, fiber content and company name and/or RN number; or 2) an origin label permanently affixed to the inside seam of the garment approximately 2 1/2 “ from the bottom. You also propose a combination of these two methods if Customs deems it so advisable.
We find that either of the two proposed methods of marking (hangtag in the neck area or label sewn to the inside seam) is acceptable for purposes of 19 U.S.C. 1304 provided the marking is otherwise legible, conspicuous, and permanent (as discussed above).
To ensure compliance with the Textile Fiber Products Identification Act (15 U.S.C. 70) which is applicable to textile products, we suggest that you contact the Federal Trade Commission (FTC) for information regarding guidelines for the use of the proposed hangtags. Customs does not issue rulings or decisions interpreting FTC guidelines. The address of the FTC is:
Federal Trade Commission
6th and Pennsylvania, NW,
Washington, D.C. 20580
HOLDING:
Since the imported sweaters are reversible, the garments are not required to be marked by means of a sewn in label affixed to the neck area. Marking the reversible garments either by 1) a hangtag affixed in the neck area setting forth the country of origin, fiber content and company name and/or RN number; or 2) an origin label permanently affixed to the inside seam of the garment approximately 2 1/2 “ from the bottom would be acceptable provided the marking is legible, conspicuous, and permanent in accordance with 19 U.S.C. 1304 and 19 CFR Part 134.
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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
.