Ms. Eliane Kessler
Feito Com Amor Confeccao Ltda
Alberto de Campos, 10B/602
Rio de Janeiro, 22411030
RE: The Country of Origin Marking of Reversible Bikini Swimsuit Tops
Dear Ms. Kessler:
This is in response to your letter dated June 17, 2021 requesting a ruling on whether the proposed marking "Made in Brazil" is an acceptable marking for the content label attached to the imported bikini swimsuit top. A marked sample was submitted with your letter for review.
You submitted a sample of a women's reversible bikini swimsuit top. One side is constructed from 95% polyester, 5% elastane knit fabric. The reverse is constructed of 85% polyamide, 15% elastane knit fabric. You have marked the item in two different manners. The first type of marking is an adhesive label affixed to the garment. The second method of marking is an attached hangtag to the garment by means of a safety pin.
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.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. Pursuant to 19 C.F.R. 134.44 another acceptable country of origin marking is an attached paper sticker label or hangtag on the garment.
According to 19 C.F.R. 134.44(b) the paper sticker label "must be affixed in a conspicuous place and so securely that unless deliberately removed they will remain on the article while it is in storage or on display and until it is delivered to the ultimate purchaser." 19 C.F.R. 134.44(c) provides that tags must be "in a conspicuous place and in a manner which assures that unless deliberately removed they will remain on the article until it reaches the ultimate purchaser." In this case, it appears that the adhesive label would satisfy the permanence requirements of 19 CFR 134.41(b) because it is securely affixed to the garment and might survive normal distribution and store handling and remain on the article until it reaches the ultimate purchaser.
Regarding the hangtag, In Headquarters ruling 732795 Customs ruled that requiring a fabric label to be sewn on a reversible tank top would require the consumer to remove the label possibly damaging the garment. The same situation applies to the swimsuit submitted here. However, the hangtag attached by means of a safety pin to the bikini top is unacceptable and does not satisfy the permanence and conspicuousness requirements of 19 CFR 134.41(b).
It should be noted that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. Questions concerning fiber content labeling requirements are covered under the Textile Fiber Products Identification Act. Therefore, we suggest that you contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Ave., Washington, DC 20580, as to whether the proposed marking satisfies such 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 Rosemarie Hayward at firstname.lastname@example.org.
Steven A. Mack
National Commodity Specialist Division