Country of origin marking requirements for sport coats or suit-type jackets; 19 CFR 134.41; T.D. 54640(6); ORR ruling 638-69

HQ 561387 August 6, 1999 MAR-2-05 RR:CR:SM 561387 RSD CATEGORY: MARKING Chandri Navarro-Bowman, Esq. Sandler, Travis & Rosenberg 1300 Pennsylvania Avenue, N.W. Washington, D.C. 20004-3002 RE: Country of origin marking requirements for sport coats or suit-type jackets; 19 CFR 134.41; T.D. 54640(6); ORR ruling 638-69 Dear Ms. Navarro-Bowman: This is in response to your letters dated May 7, 1999, and July 23, 1999, on behalf of Hartmarx Corp. and its operating divisions: Hart, Schaffner & Marx; Biltwell Clothing Company; and Plaid Clothing Company; Intercontinental Branded Apparel (hereinafter “Hartmarx”) concerning the country of origin marking requirements for men’s suit coats and suit-type jackets. Three sample sport coats were submitted for our consideration. FACTS: Hartmarx is planning to import men’s suit coats and suit-type jackets. The suit coats and suit-type jackets (hereinafter “jackets”) are fully lined and have two inside breast pockets. A hanger braid is stitched into the center of the neck area of the garment. A plastic “medallion” is attached to a braided rope which is knotted onto the center of the hanger braid. The country of origin of the jacket will be printed in raised lettering of a contrasting color on both sides of the medallion. The medallion may also state the brand name such as “Hart Schaffner & Marx”. The jacket will also have a label with the country of origin, the WPL number, fiber content, size, and care instructions sewn into the inside seam at the top of the inside breast pocket of the jacket. A woven brand label will also be sewn onto the inside breast pocket. Some merchandise will be imported without a brand label attached to the inside breast pocket. It is stated that in such cases, while the label with the country of origin will be sewn to the inside breast pocket, after importation the Hartmarx operating division will sew the brand name label onto the inside breast pocket of the jacket and before delivery to its customers. Often, the brand label will not be sewn prior to importation because the brand is not known until after importation. However, the jackets will always be delivered to retailers with a brand label sewn onto the inside breast pocket.  ISSUE: Whether the country of origin marking on the jackets described above is acceptable pursuant to 19 U.S.C. 1304 and Part 134 of the Customs Regulations (19 CFR 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 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. 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. Friedlander & Co., 27 C.C.P.A. 297 at 302; C.A.D. 104 (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(b), Customs Regulations (19 CFR §134.41(b)), requires that the marking be conspicuous enough that an ultimate purchaser will be able to find the marking easily and read it without strain. The degree of permanence of the marking should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling. In T.D. 54640(6), Customs determined that, to be conspicuous, the country of origin marking of wearing apparel such as shirts, blouses and sweaters must be accomplished by means of a fabric label or label made from natural or synthetic film 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 in order to be conspicuous within the meaning of 19 U.S.C. §1304. In ORR ruling 638-69 (January 2, 1979), Customs held that suit jackets, overcoats, and sport coats may be marked with a label affixed over or below the inside pocket if such marking is included or is in close proximity to the brand name label affixed to the coat in that area. Accordingly, such jackets or coats did not need to be marked at the nape of the neck. In HRL 559738 (July 2, 1996), Customs held that the jackets at issue only had to be marked by placing a label on the inside pocket because the jackets had an inside pocket and the brand name of the jacket was also at that location. Therefore, Customs ruled that the marking statute did not require that the jackets at issue be marked with their country of origin by a label located at the nape of the neck. In addition, we indicated that it was acceptable to only place the country of origin marking at the nape of the neck alone without a country of origin label on the inside pocket (assuming the special marking requirements of 19 CFR 134.46 were not triggered by a non-origin reference on the inside pocket). In this case, the jackets will be marked with their country of origin by two methods. The country of origin marking will appear in raised lettering in a contrasting color on both sides of a medallion attached to a braided rope which is knotted to a hanger braid stitched into the center of the neck of the garment. In addition, a label containing the country of origin, WPL number, fiber content, size, and care instructions will be sewn into the inside seam of the inside breast pocket. In some instances the brand label will be added to the inside breast pocket after importation. We find that the country of origin marking using only the medallion on the braided rope would not be acceptable as it does not satisfy the requirements of T.D. 54640 (6). However, we find that marking the jackets by sewing a label to the top of the inside of the breast pocket will satisfy the statutory and regulatory requirements of 19 U.S.C. 1304 and 19 CFR 134.41 as the country of origin will be in close proximity to the brand label as required in ORR 638-69. In those instances, where the brand label will be sewn on after importation, we find that the marking requirements will be satisfied provided that a certification is filed at the time of importation that the brand label will be added after importation in close proximity to the country of origin label. HOLDING: The combination of marking the jackets by a plastic medallion attached to a braided rope knotted onto the hanger braid in the center of the neck area and a sewn-in label with the country of origin on the inside seam of the inside breast pocket satisfies the statutory and regulatory requirements of 19 U.S.C. 1304 and 19 CFR 134, provided the country of origin marking at the top of the inside breast pocket is in close proximity to the brand label or a certification is filed at the time of importation that the brand label will be sewn to the inside breast pocket before the jackets reach the ultimate purchaser. A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, John Durant, Director Commercial Rulings Division