MAR-2-05 CO:R:C:V 735359 AT
Mr. Steve Bullard
Wrangler Co.
335 Church Court
Greensboro, North Carolina 27401
RE: Country of origin marking for imported children wearing
apparel; T.D. 54640(6); T.D. 71-264(3).
Dear Mr. Bullard:
This is in response to your letter dated September 14, 1993,
on behalf of Healthtex Co. ("Healthtex") concerning the
acceptability of proposed country of origin markings for imported
children wearing apparel. No samples of the merchandise with the
proposed markings were submitted. We regret the delay in
responding.
FACTS:
You state that Healthtex is planning to import infant and
children wearing apparel manufactured in Guatemala into the U.S.
The merchandise will be imported as sets (your terminology)
consisting of a knit top (could be a polo type knit or t-shirt)
with a knit bottom (a short or pant). You state that these two
garments are always sold as a set and never individually. The
garments will be made in size ranges for babies, infants and for
children above 86 cm.
You propose to mark the sets by affixing an origin label in
the center back neck area of the upper garment and not place an
origin label on the short or pant. You have requested a ruling as
to whether this proposed method of marking is an acceptable country
of origin marking for the imported wearing apparel.
If this proposed method is not acceptable, alternatively, you
request that you be allowed to placed the origin label on the lower
garment on the back seam of the garment 6 inches below the edge of
the waist. You request this placement for the following reasons:
1. From consumer research, the waist placement has caused
some skin irritation problems due to chaffing;
2. You are asking for the same placement as on bottoms you
currently sell as separates. This allows for uniformity at retail,
and
3. This would allow you to use the same manufacturing
specifications as you use in the U.S. allowing you to operate a
little more efficiently.
ISSUES:
Does the proposed country of origin markings described above
satisfy the 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 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.
As provided in section 134.41, Customs Regulations (19 CFR
134.41), the country of origin marking is considered to be
conspicuous if the ultimate purchaser in the U.S. is able to find
the marking easily and read it without strain. Section 134.1(d),
Customs Regulations (19 CFR 134.1(d)) defines the "ultimate
purchaser" generally as the last person in the United States who
will receive the article in the form in which it was imported. In
this case the ultimate purchaser of the imported weraing apparel
is the one who purchases the merchandise at retail.
With respect to wearing apparel, Customs has set forth special
marking requirements of where the country of origin of the garment
must be indicated in order to be considered conspicuous to the
ultimate purchaser.
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. Customs ruled in T.D. 71-264(3), 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. Neither of these
marking requirements provide exceptions for infant or children's
wearing apparel.
With respect to your first suggestion that you be allowed to
mark the upper garment in the requisite location and not mark the
bottom garment, we find that this is not an acceptable country of
origin marking for the imported garments. The bottom garments are
either shorts or pants which are articles described in T.D. 71-
264(3). Thus, the bottom garment must be marked with its country
of origin in accordance with T.D. 71-264(3), even though you state
that the garments are always sold as sets (likely to be sold
together). There are no exceptions, unless the garment is
reversible, as is not the case here.
We cannot determine whether your alternative method of marking
the wearing apparel (permanently affixing an origin label on the
lower garment on the back seam of the garment up to 6 inches below
the bottom edge of the waist) satisfies the marking requirements
of T.D. 71-264(3) since a sample with the proposed marking was not
submitted for review. However, in order for it to be an acceptable
marking, the origin label must be easy to find and read upon a
casual examination and permanently affixed (remain on the garment
until it reaches the ultimate purchaser) to the garment. Provided
these requirements are satisfied, the marking would satisfy T.D.
71-264(3) and would be an acceptable country of origin marking for
the imported bottom garments.
HOLDING:
Bottom garments, consisting of infant or children's shorts
and pants which are imported with upper garments as sets must be
marked in accordance with the special marking requirements set
forth in T.D. 71-264(3). Marking the upper garment in the
requisite location with the country of origin and not the bottom
garment is not an acceptable country of origin marking for the
imported wearing apparel.
Sincerely,
John Durant, Director
Commercial Rulings Division