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

N035804 September 12, 2008 CLA-2-62:OT:RR:NC:WA:356 CATEGORY: MARKING Ms. Laura Siegel Rabinowitz Sandler, Travis & Rosenberg, P.A. 551 Fifth Avenue New York, NY 10176 RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN JACKETS AND TROUSERS Dear Ms. Rabinowitz: This is in response to your letter dated August 11, 2008, on behalf of Hart, Schaffner and Marx, requesting a ruling concerning the acceptable placement of a country of origin label on men’s woven jackets and trousers that will be imported into the United States from China and Indonesia. Samples of the garments, with the labels attached, were submitted with your inquiry and will be returned, as requested. Style C60-801101 is a men’s suit-type jacket constructed from 80% rayon, 13% polyester, 7% linen, woven fabric. The garment has six panels sewn together lengthwise and features a full front opening with two button closures; a full lining of 100% polyester woven fabric; a notched collar with lapels; long sleeves with four buttons at the cuffs; a welt pocket on the left chest; two pockets with flaps below the waist; three inner welt pockets, one with a hook and loop closure; and a hemmed bottom. Style OAR-863301 is a pair of men’s trousers constructed from 100% wool, woven gabardine fabric. The pants have a flat waistband with seven belt loops; a zippered fly front opening; two side pockets; two rear welt pockets with button closures; and unfinished leg openings. The suit-type jacket has a sewn-in woven label in the center rear neckline, mid-way between the shoulder seams, that reads “Made in China” in white cursive letters on a black background. On the left sleeve, there is a cardboard label attached with plastic swiftacks that shows the style number, the size of the garment, the fiber content, the color, the bar code and a suggested retail price. Between the size and the fiber content is the statement “Made of imported fabric.” All information on the cardboard label is in black plain block letters of approximately the same size on a white background. The pants are marked with a sewn-in woven label affixed to the inside rear waistband, approximately five inches to the right of the rear center seam. The label drops down from the waistband and states the country of origin, “Made in Indonesia,” in white plain block letters on a black background. The brand name is located on a sewn-in label on the inside rear waistband, approximately five inches to the left of the rear center seam. The size and fiber content are shown on a hangtag attached to the outside left side waistband. You state that the country of origin label is not placed over the center rear waistband seam because that seam is opened by the tailor if alterations to the trousers are required. 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. 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 T.D. 54640(6), Customs determined that country of origin marking appearing on the inside center of the neck of shirts, blouses, coats, sweaters, etc., mid-way between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304. 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. In the present situation, the country of origin label that is sewn onto the inside rear neck of the jacket and the inside rear waistband of the trousers, is conspicuous and is easily accessible to the ultimate purchaser upon a casual examination of the garment. On both the jacket and the trousers, the country of origin is legible and can be easily read by the ultimate purchaser. We do not believe that the use of the words “Made of imported fabric” on the cardboard label on the sleeve of the jacket would mislead the ultimate purchaser as to the country of origin of the garment since the country of origin label at the center rear neckline, stating “Made in China,” is prominent, conspicuous and legible. Consequently, the proposed marking of the imported jacket and trousers, as described above, is in accordance with T.D. 54640(6) and T.D. 71-264(3), and satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, as an acceptable country of origin marking for the imported goods. Textile fiber products imported into the United States must also be labeled in accordance with the Wool Products Labeling Act and the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission. Information on these labeling requirements may be obtained at the Federal Trade Commission website at www.ftc.gov. For information on the acceptability of the marking on these garments, you should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Ave, N.W., Washington, D.C. 20508 to ascertain whether the proposed marking satisfies their requirements. 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