MAR-2-05 CO:R:C:V 730915
John Stillman
Blue Bell, Inc.
P.O. Box 21488
Greensboro, NC 27420
RE: Country of origin marking of cotton jacket
Dear Mr. Stillman:
This is in response to your letter requesting a ruling on
whether your proposed method of marking a cotton jacket satisfies
section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304). We regret the delay in responding to your inquiry.
FACTS:
You submitted a sample cotton jacket containing four labels
attached at the neck of the garment. The top label is
approximately two and one-half inches by one and one-fourth
inches, is made of fabric, and contains the words "Marithe &
Francois Girbaud". The three smaller labels are sewn one on top
of the other to the large label. The bottom label is
approximately one inch square, is made of paper and is marked
first with several numbers, then the RN number, the words "100%
cotton" and "Assembled in Mexico". The second label is
approximately one inch by three-fourth of an inch, is made of
fabric and contains the washing instructions. The third label is
approximately one-half inch square, is made of fabric, and
indicates the size of the garment. Because of the placement and
size of the three labels, the only wording on the bottom label
that is visible without lifting the second label is the word
"Mexico".
ISSUE:
Whether the proposed method of marking the country of origin
described above satisfies 19 U.S.C. 1304.
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 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 Regulatons (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. A marking
that is not fully visible cannot be read without strain. In this
instance, the country of origin marking is partially obscured by
the fabric tag containing the washing instructions. Therefore,
the country of origin marking on the sample submitted would not
satisfy 19 CFR 134.41.
Furthermore, the country of origin marking "Assembled in
Mexico" may be used improperly. Section 10.22, Customs
Regulations (19 CFR 10.22), allows the use of the language
"assembled in ___ of U.S. components" for country of origin
marking where the imported article is made of American-made
components, assembled abroad and imported under subheading
9802.00.80, Harmonized Tariff Schedule of the United States
(formerly item 807.00 of the Tariff Schedules of the United
States). Customs allowed the use of the country of origin
marking "Assembled in Mexico" for a pen assembled in Mexico of
U.S. components. HQ 723430(October 21, 1983). Customs also
allowed in HQ 729938 (May 13, 1987), the use of either "Made in
Mexico" or "Assembled in Mexico" for wearing apparel assembled in
Mexico and imported under item 807.00, Tariff Schedules of the
United States. The wearing apparel was made either entirely of
U.S. components or primarily of U.S. components. In this
instance, there is no indication in your letter that the cotton
jacket is made of U.S. components. Unless the jacket is made of
U.S. components, it is deceptive to use the phrase "Assembled in"
when in fact the merchandise is made in that country. The phrase
"Assembled in" has a specific meaning within the context of
country of origin marking and should not be used as a synonym of
"Made in" or "Product of".
In addition, the country of origin marking label is made of
paper. By a Customs Circular letter published as T.D. 54640(6),
we held that on and after October 1, 1958, wearing apparel such
as shirts, blouses, coats, sweaters, etc. 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. The paper label on the sample does
not comply with T.D. 54640(6) and is not acceptable for marking
purposes.
If the importer attached a sewn-in country of origin marking
on a fabric label with the legend "Made in" and the country of
origin marking was fully visible to the ultimate purchaser, the
labeling would satisfy 19 U.S.C. 1304 and 19 CFR 134.41 if the
ultimate purchaser could otherwise read it without strain.
HOLDING:
The sample submitted, in which the country of origin marking
on a cotton jacket is partially obscured by another label, is
made of paper, and reads "Assembled in Mexico", does not satisfy
19 U.S.C. 1304 or 19 CFR 134.41. As requested, the sample is
being returned under separate cover.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch