Country of origin marking of girl's jackets; 19 CFR 134.41; conspicuous; T.D. 54640(6)

HQ 734878 May 21, 1993 MAR-2-05 CO:R:V:C 734878 AT CATEGORY: Marking Ms. Carolyn B. Malina Montgomery Ward & Co., Incorporated Montgomery Ward Plaza, 3-B Chicago, Illinois 60671 RE: Country of origin marking of girl's jackets; 19 CFR 134.41; conspicuous; T.D. 54640(6) Dear Ms. Malina: This is in response to your letter of November 3, 1992, requesting a country of origin ruling regarding imported girl's jackets. A marked sample indicating the manner in which these jackets will be marked with the country of origin was also submitted with your letter. We regret the delay in responding. FACTS: Your company intends to import girl's 100 percent nylon woven jackets (Style No. 9762007). The jacket contains a brand name label "Arctic Sun" with the dimensions of approximately 3" X 3 1/4". This label is sewn into the center of the neck mid-way between the shoulder seams. Affixed to the bottom center of the brand name label is a second label marked with the words "Made in Hong Kong" in black lettering approximately 7 point (a point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit). Other information such as the size, fiber content, style no. and care instructions appears on the second label. The top of the brand label is sewn approximately 3 1/4" below the seam. The second label starts at the bottom of the brand label and extends 1 1/2" down concluding 5 3/4" below the bottom collar seam. It is your position that the sample jacket, marked in the above fashion, is properly marked with the country of origin. ISSUE: Does the proposed marking of the imported girl's woven jacket in the manner described above satisfy the country of origin marking requirements of section 304 of the Tariff Act of 1930, as amended, 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 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.1(b) Customs Regulations (19 CFR 134.1(b)), requires that the marking be placed so that an ultimate purchaser will be able to find the marking easily and read it without strain. Customs ruled in T.D. 54640(6) (July 15, 1958), that shirts, blouses, coats, sweaters and similar wearing apparel must be legibly and conspicuously marked with the name of the country of origin 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 this case, the country of origin label, although not affixed to the neck seam, is affixed 4 1/2" from the neck seam midway between the shoulder seams of the jacket. T.D. 54640(6) requires that the country of origin label must be either affixed to the neck seam midway between the shoulder seams or in that immediate area. Given that the label is affixed 4 1/2" from the neck seam and is mid-way between the shoulder seams of the jacket we find that it is marked in that immediate area of the neck and shoulders as required in T.D. 54640(6). Also, the country of origin label would be would be easily found by an ultimate purchaser since other information such as the size and fiber content is printed on the label which a consumer would definitely want to know and read prior to making a purchasing decision. The country of origin marking "Made in Hong Kong" can be easily seen and read by an ultimate purchaser since it is printed in approximately 7 point black lettering. Based on these considerations, we find that the country of origin label satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, and is a proper marking for the girl's jacket. HOLDING: The proposed country of origin marking of imported girl's nylon woven jackets, marked in the manner described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Sincerely, John Durant, Director