THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN TROUSERS AND SHORTS

N026447 May 22, 2008 CLA-2-62:OT:RR:NC:WA:356 CATEGORY: MARKING Ms. Rhoda A. Salus Sandler, Travis & Rosenberg, P.A. The Waterford 5200 Blue Lagoon Drive Miami, FL 33126-2022 RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN TROUSERS AND SHORTS Dear Ms. Salus: This is in response to your letter dated April 17, 2008, on behalf of VF Imagewear, Inc., requesting a ruling concerning the acceptable placement of a country of origin label on men’s woven trousers and shorts that will be imported from Indonesia. Samples of the trousers and shorts, with the labels attached, were submitted with your inquiry and will be returned, as you requested. Style FK2216 is a pair of men’s pants constructed from 65% polyester, 35% cotton, woven twill fabric. The pants have a flat waistband with seven belt loops; a zippered fly front opening; two quarter pockets on the front; two rear patch pockets; and unfinished leg openings. Style FD2204 is a pair of men’s shorts constructed from 65% polyester, 35% cotton, woven twill fabric. The shorts have a flat waistband with seven belt loops; a zippered fly front opening; two quarter pockets on the front; two rear patch pockets; a patch pocket on each leg covering the side seam; a pen pocket on the right side seam pocket; reflective tape along the bottom of the side seam pockets; and hemmed leg openings. The garments are marked with a sewn-in label affixed to the inside right front panel, approximately two inches below the waistband and four and one-half inches from the zipper. The origin label drops down from the main label, which displays the FedEx logo, and shows the brand name, the country of origin “Made in Indonesia,” the style number, the fiber content, the size, and the importer’s address in the United States in black, plain block letters on a white background. In addition, the pants and shorts have a securely tacked on cardboard label located on the outside left rear waistband. This label shows the fiber content, size, and country of origin “Made in Indonesia” in black, plain block letters on a white background. 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 United States 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. In T.D. 71-264(3), it was determined 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. However, the country of origin label on trousers and similar garments is not limited to only one specific location in order to be considered conspicuous within the meaning of 19 U.S.C.1304. 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. 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 is imported. In this case, the last person in the United States who will receive the garments in the form in which they are imported is the FedEx employee who will wear the garments. In the present situation, the country of origin label that is sewn onto the inside front panel of the trousers and shorts, approximately two inches below the waistband and four and one-half inches from the zipper, is conspicuous and is easily accessible to the ultimate purchaser upon a casual examination of the garment. On both the inside sewn-in label and the outside waistband label, the country of origin is shown near the garment size, is legible, and can be easily read by the ultimate purchaser. However, because a U.S. reference appears on the imported trousers and shorts, the requirements of Section 134.46, Customs Regulations (19 CFR 134.46) are also triggered. 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. The purpose of this requirement is to prevent the possibility of misleading or deceiving the ultimate purchaser of an article as to the actual origin of the imported good. On the pants and the shorts, the country of origin marking “Made in Indonesia,” on the sewn-in label, is in close proximity to the name of the U. S. locality, is in letters of comparable size, and is in a slightly bolder type face than the U. S. place name. This marking satisfies the special marking requirements of 19 U.S.C. 134.46. Consequently, the proposed marking of the imported trousers and shorts, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and the special marking requirements of 19 U.S.C. 134.46 and T.D. 71-264(3) and is an acceptable country of origin marking for the imported goods. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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