MAR-2-05 CO:R:C:V 733737 EAB
Dennis Baker
Colonial Corporation of America
Woodbury, Tennessee 37190
Re: Country of origin marking of trousers; jeans; pants; slacks;
conspicuous; 19 U.S.C. 1304; 19 CFR 134.41; T.D. 71-264(3);
733776
Dear Mr. Baker:
This is in reply to your letter dated August 14, 1990, in
which you request a ruling on the country of origin marking
requirements of trousers.
FACTS:
Visual examination of the submitted sample indicates a pair
of men's blue jeans or denim pants. Sewn into the inside of the
inner fly panel, approximately half of the way down from the top
of the waistband, is a fabric label containing, among other items
such as size and washing instructions, the country of origin of
the trousers. Sewn into the inner waistband is a label
indicating the brand of the trousers.
You request a ruling permitting country of origin labelling
of the trousers in the manner indicated on the submitted sample,
being of the opinion that such a location is conspicuous.
ISSUE:
May a country of origin label, separate from a brand label
sewn into the inner waistband of trousers, be sewn into the
upper half of the inside fly panel, in satisfaction if the
requirements of 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 articles of foreign origin imported into the
U.S. must be legibly, conspicuously and permanently marked to
indicate the country of origin to the ultimate purchaser in the
U.S. As provided in 19 CFR 134.41, the marking is considered
conspicuous if the ultimate purchaser is able to find the marking
easily and read it without strain.
The Customs Service has determined that country of origin
marking appearing on the inside center of the neck of a shirt
midway between the shoulder seams or in that immediate area is
conspicuous within the meaning of 19 U.S.C. 1304 and is, in fact,
the requisite location. See T.D. 54640(6), C.S.D. 88-38 (July 18,
1988). In T.D. 71-264(3), Customs ruled that marking of
trousers, slacks, jeans and similar wearing apparel should be
made by means of a permanent label affixed in a conspicuous
location on the garments, "such as the inside of the waistband
[emphasis added]." Customs has not required the country of
origin labelling of trousers and similar wearing apparel to
appear in one and only one specific location in order to be
considered conspicuous within the meaning of 19 U.S.C. 1304.
In fact, Customs has specifically declined to require uniformly
that slacks be marked with the country of origin in the waistband
area, and not elsewhere, Headquarters Information Letter 724886
(March 28, 1984). Recently, Customs has determined that the top
of the inside of the inner fly panel of trousers is a conspicuous
location in satisfaction of the requirements of 19 U.S.C. 1304,
where the manufacturer included on one label the country of
origin, care instructions, size and brand of the trousers, HQ
733776 (January 23, 1991). In support of his request, the
manufacturer pointed out that securing the origin label on the
inside of the waistband would result in the stitching showing
through on the outside of the waistband, thereby diminishing the
salability of the trousers in the eyes of some of its larger
retailers. In further support of its request, the manufacturer
stated that, if allowed to place the country of origin label on
the top if the inside of the inner fly panel, it would be able to
reduce the number of special machinery purchases that would be
required to place the label on the waistband, in as much as all
origin and care labelling for its domestic trousers was placed in
the inside fly area.
In consideration of the foregoing, in this case we find that
the requirements of 19 U.S.C. 1304 are satisfied by sewing into
the upper half of the inside of the inner fly panel of trousers a
fabric label indicating the care instructions, size and country
of origin of the trousers. Such a location is conspicuous in
this case, and readily and easily found by one looking for
important information concerning the garment.
HOLDING:
The country of origin fabric label on the submitted sample
trousers which is sewn into the upper half of the inside of the
inner fly panel and contains the fabric content, size and care
instructions is conspicuous within the meaning of 19 U.S.C. 1304,
19 CFR 134.41 and T.D. 71-264(3).
Sincerely,
John Durant, Director,
Commercial Rulings Division