MAR-2 OT:RR:NC:WA:356
Mr. John B. Pellegrini
McGuireWoods LLP
1345 Avenue of the Americas, Seventh Floor
New York, NY 10105-0106
RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S KNIT SHIRTS
Dear Mr. Pellegrini:
This is in response to your letter dated August 12, 2009 on behalf of your client, Reebok International, Ltd., requesting a ruling on whether the proposed marking and use of a U.S. place name on a hangtag and label on a men’s knit garment is an acceptable country of origin marking. A marked sample was submitted with your letter and is being returned as you requested.
The submitted sample is a men’s polo shirt constructed from 100% polyester, finely knit fabric that measures 18 stitches per linear centimeter counted in the horizontal direction and 19 stitches per linear centimeter counted in the vertical direction. The garment has a rib knit spread collar, a partial front opening with three button closures, short hemmed sleeves, and a hemmed bottom with side slits.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) 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.
As provided in section 134.41 (b), Customs Regulations (19 CFR 134.41 (b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain. In T.D. 54640(6), Customs determined that country of origin marking appearing on the inside center of the neck of a shirt, mid-way between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304.
The submitted garment has a heat transfer applied to the center rear neckline stating the country of origin of the garment as “Made in Madagascar” in grey, plain block letters approximately one-sixteenth of an inch high on a black background. The marking is permanent, in a contrasting color to the garment, and of an adequate size to be legible and conspicuous to the ultimate purchaser.
There is a hangtag affixed to the left sleeve that shows the brand name and the words “Massachusetts, USA” printed on both sides of the hangtag in white, plain block letters one-sixteenth of an inch high on a red background. In addition, a woven fabric label has been applied to the right rear hem that states “Reebok Massachusetts USA” in grey letters on a black background. The word “Massachusetts” is in letters one-sixteenth of an inch high by approximately three-quarters of an inch wide and the abbreviation “USA” is in letters one-eighth of an inch high by approximately three-quarters of an inch wide.
Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.
In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.
Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name, the name of the actual country of origin must appear in close proximity to the place name “or in some other conspicuous location”. Whether the country of origin appears “in close proximity” or in some other conspicuous place, the name of the country of origin must be preceded by “Made in,” “Product of,” or words of similar meaning.
The marking on the woven rear hem label and on both sides of the hangtag shows a reference to the United States and neither marking is part of a registered trademark. As such, the marking on the hangtag and on the rear woven fabric label must clearly state the country of origin of the merchandise as “Made in Madagascar” or words of similar meaning in letters of at least a comparable size to the United States locations.
Consequently, the proposed marking of the submitted garment with an acceptable country of origin marking in the center rear neckline but with a hangtag and a woven label showing a reference to the United States that is not part of a registered trademark does not constitute an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
Textile fiber products imported into the United States must also be labeled in accordance with the Textile Fiber Products Identification Act (15 USC 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. In addition, the Fair Packaging and Labeling Act, which is designed to prevent unfair or deceptive packaging, may also apply. Therefore, we suggest you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 for advice concerning these requirements.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mary Ryan at 646-733-3271.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division