The country of origin marking of men’s reversible shorts from Pakistan

N335260 September 29, 2023 MAR-2:OT:RR:NC:N3:356 CATEGORY: Marking Mr. Chris Tovar CST, Inc. 500 Westpark Drive, Suite 230Peachtree City, GA  30269 RE: The country of origin marking of men’s reversible shorts from Pakistan Dear Mr. Tovar: This is in response to your letter dated September 8, 2023, submitted on behalf of your client, Alleson of Rochester, Inc., DBA Alleson Athletic. Your request concerns the acceptability of proposed country of origin marking on a pair of men’s reversible shorts. A marked sample was submitted with your letter and will be retained in our office. Style UKS536M is a pair of men’s two-layer reversible shorts constructed from two different 100% polyester knit fabrics, each of which forms one layer of the shorts. Style UKS536M features an elasticized waistband and hemmed leg openings. The two layers of the shorts are sewn together at the waistband, hang freely at the leg openings, and are loosely attached to each other at the midpoint of each inner leg seam via a one-inch-long strip of narrow fabric. Regardless of which layer is used as the outer surface, the shorts feature a heat seal logo on the upper right leg panel and two overlay stripes on the lower left leg panel. A drawstring threaded through the waistband and a woven label at the center back of the waistband are visible only when one of the two layers is used as the outer surface of the shorts. You propose to mark Style UKS536M with its country of origin by means of a fabric label that states “Made in Pakistan,” which is sewn to the bottom of the waistband between the inner surfaces of the two fabrics. 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 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. With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule, marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. Additionally, Treasury Decision (T.D.) 71-264(3) held that trousers, 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. Nevertheless, Customs has allowed some leeway for reversible garments that are otherwise conspicuously and legibly marked. In your letter, you suggest that the proposed country of origin marking of Style UKS536M is conspicuous. We disagree. Regardless of which layer of fabric is exposed as the garment’s outer surface, the country of origin label remains concealed between the two layers. Examination of the garment in this office revealed that even if an individual is aware of the existence of this label, it is challenging and time-consuming to invert the garment so that the inner surface of the waistband, and therefore the label, are accessible. As a casual inspection of the garment yields no indication that this label exists, a consumer considering the purchase of the garment would likely fail to locate it. However, Customs has previously ruled that country of origin marking on reversible garments by means of a hangtag affixed with a plastic anchor is acceptable, provided the hangtag is legibly, conspicuously and permanently marked in accordance with 19 U.S.C. 1304 and 19 CFR Part 134. See, for example, HQ 734889, dated June 2, 1993, wherein Customs determined that a label sewn into 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 upon casual inspection of the garment. Nevertheless, Customs went on to rule that it would be acceptable to attach a cardboard hangtag with a plastic anchor to the neck area or zipper, provided that the hangtag was legibly, conspicuously and permanently marked in accordance with 19 U.S.C. 1304 and 19 C.F.R. Part 134. We also note that a second label is sewn into the waistband of Style UKS536M, both sides of which include the names of countries other than the country of origin. 19 CFR 134.46 states, in relevant part: In any case in which… the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appear on an imported article or its container, and those… names may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such… 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 of 19 CFR 134.46, the country of origin must generally appear on the same side(s) or surface(s) on which the name or locality other than the actual country of origin appears.   The proposed marking of Style UKS536M, as described above, is not conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the garment. This good may be subject to the provisions of Section 133 of the Customs Regulations if it copies or simulates a registered trademark, trade name, or copyright recorded with U.S. Customs and Border Protection (CBP). If your client is an authorized importer of the good, we recommend that prior to importation, they notify the CBP port through which the good will be entered. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Maryalice Nowak at maryalice.nowak@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division