THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN SUIT-TYPE JACKETS.

N226475 August 10, 2012 MAR-2:OT:RR:NC:N3:356 CATEGORY: MARKING Mr. Michael R. Spano Michael R. Spano & Co., Inc. 190 McKee Street Floral Park, New York 11001 RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN SUIT-TYPE JACKETS. Dear Mr. Spano: In your letter dated July 16, 2012, submitted on behalf of Kenneth Cole Productions, Inc., you requested a ruling as to whether the proposed country of origin label constitutes acceptable marking for a men’s suit-type jacket that will be imported from Vietnam. A sample of the jacket, with the marking label attached, was submitted with your inquiry and will be returned, as you requested. Style SM1A8517 is a men’s suit-type jacket constructed from 81% cotton, 19% rayon woven fabric. Style SM1A8517 is constructed from six panels sewn together lengthwise and features a notched collar with lapels; a full front opening with two button closures; long, hemmed sleeves with four buttons at the vented cuff; a button hole on the lapel; a welt pocket on the left chest; two welt pockets with flaps below the waist; two inner welt pockets with button closures on the right and left front panels; an inner welt pocket on the lower left front panel; a full lining of woven fabric; a center back vent; and a hemmed bottom with curved front panels. The garment has a woven fabric brand name label sewn to the outside of the inner left chest pocket. This label measures approximately three inches long by one-half inch wide and shows the name “Kenneth Cole” in stylized letters measuring approximately one-quarter of an inch high. Immediately to the right of the brand name are the words “New York” in plain block letters measuring approximately one-sixteenth of an inch high. The letters are in gray on a black background. A woven fabric, drop down label is sewn to the bottom of the brand label. This label measures approximately three-quarters of an inch wide by one inch long and shows the garment size and the country of origin as “Made in Vietnam” in English, French and Spanish. The letters are approximately one-sixteenth of an inch high in white, plain block letters on a black background. The sample also has a sewn-on woven fabric label at the center rear neckline. However, this label is blank and you state in correspondence that the only marking on the garment will be the above described marking on the inside chest pocket and the care label marking. 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. Since the suit- type jackets are intended for retail sale, the retail customer is considered the ultimate purchaser for the purpose of country of origin marking. 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. ORR ruling 638-39 dated January 2, 1979, modified this ruling by holding that suit jackets, overcoats and sport coats may be marked to indicate the country of origin by means of a label affixed over or below the inside pocket if such marking is included on or is in close proximity to a brand name label affixed to that area. Section 134.46, Customs Regulations (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. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side or surface in which the name or locality other than the actual country of origin appears. In the present situation, the label showing "Made in Vietnam" is sewn directly to the bottom center of the brand label showing the United States locality. The marking of the country of origin is in close proximity and in letters of a comparable size to the letters showing the United States locality and is clear, legible and conspicuous. As the origin label is readily visible to the ultimate purchaser, the placement of the country of origin label on the imported suit-type jacket constitutes an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. Textile fiber products imported into the United States must also be labeled in accordance with the Textile Fiber Products Identification Act (15 USC 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. We suggest you contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 for advice concerning the requirements of this Act. Information may also be obtained at the Federal Trade Commission website, www.ftc.gov. 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 (646)733-3271. Sincerely, Thomas J. Russo Director National Commodity Specialist Division