THE COUNTRY OF ORIGIN MARKING OF A WOMEN’S REVERSIBLE SLEEVELESS PADDED JACKET FROM SPAIN

N304973 July 10, 2019 MAR-2 OT:RR:NC:N3:357 CATEGORY: MARKING Mr. Martin Alvarez Sociedad Textil Lonia Parque Empresarial Pereiro de Aguiar Pereiro de Aguiar (Ourense) 32972 Spain RE: THE COUNTRY OF ORIGIN MARKING OF A WOMEN’S REVERSIBLE SLEEVELESS PADDED JACKET FROM SPAIN Dear Mr. Alvarez: This is in response to your letter dated June 25, 2019, requesting a ruling on whether the proposed marking, “Made in Spain,” sewn into the pocket of the garment, is an acceptable country or origin marking for women’s reversible, sleeveless padded jackets. A marked sample was not submitted with your letter for review; however, pictures of the garment with the intended marking were provided with your request. 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 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. As provided in section 134.41(b), Customs Regulations (19 C.F.R. 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. In email correspondence with this office on June 28, 2019, you suggest that the country of origin marking could be located in the shoulder seam of the garment. Since the garment is designed to be reversible; however, you are concerned that there is a risk the jacket may be damaged when the purchaser removes the label. Instead, you inquire whether it is acceptable to sew a label marked with the country of origin in the pocket of the garment. In HQ 734889, dated June 2, 1993, CBP determined that a sewn-in label attached to the inside of a pocket does not satisfy the conspicuous requirement of 19 C.F.R. 134.41(b) since the consumer would not easily find the marking on casual inspection of the garment. CBP explained that the inside of a pocket is not a location where an ultimate purchaser would expect to find a country of origin marking for this type of article. In the same ruling, CBP ruled that it is acceptable to attach a cardboard hangtag with a plastic anchor in the neck area or zipper provided that the hangtag is legibly, conspicuously and permanently marked in accordance with 19 U.S.C. 1304 and 19 C.F.R. Part 134. Since the imported sleeveless padded jacket is reversible, it is not required to be marked with a sewn-in label affixed to the neck mid-way between the shoulder seams. Only marking the jacket with a sewn-in label inside the pocket does not satisfy the “conspicuous” requirement of 19 C.F.R. 134.41. Nevertheless, an additional country of origin statement on a cardboard hangtag secured to the jacket with a plastic anchor is acceptable provided the hangtag is legible conspicuous, and permanently marked in accordance with 19 U.S.C. 1304 and 19 C.F.R. Part 134. Please note that textile fiber products imported into the U.S. must be labeled in accordance with the Textile Fiber Products Identification Act (15 U.S.C. 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. We suggest you contact the Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580, for information concerning the requirements of this Act. You can also obtain information 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. Part 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 Deanna Boldt at deanna.m.boldt@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division