United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY E89356 - NY E89500 > NY E89403

Previous Ruling Next Ruling
NY E89403

January 11, 2000

MAR-2 RR:NC:TA:N3:356 E89403


Mr. Peter Weinrauch
Import Commodity Group, Ltd.
131 East Merrick Road,
Valley Stream, NY 11581


Dear Mr. Weinrauch:

This is in response to your letter dated November 1, 1999 on behalf of your client, Milli Showroom, requesting a ruling on whether the proposed marking and location of the label "Made in China" is an acceptable country of origin marking for imported knit shirts. A marked sample was submitted with your letter for review.

Style MS0025 is a men’s 70% silk, 30% polyester, finely knit shirt that has a rib knit spread collar; a partial front opening with a three button closure; short sleeves with rib knit cuffs; and a hemmed bottom with side slits and a tail.

The shirt has a woven label affixed to the center rear neckline which reads “American Essentials Silks” and shows the size of the garment. The letters are in yellow on a dark gray background. A circled “R”, indicating a registered trade name, follows the words “American Essentials”.

A woven country of origin label, stating “Made in China”, is affixed to the rear neckline mid-way between the left shoulder seam and the center of the rear neckline. The letters are in white on a dark gray background and are in comparable size to the letters of the main label.

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. In T.D. 54640(6), Customs determined that country of origin marking appearing on the inside center of the neck of a shirt, mid-way between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304.

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(s) or surface(s) in which the name or locality other than the actual country of origin appears.

Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name, the name of the actual country of origin must appear in close proximity to the place name “or in some other conspicuous location”. Whether the country of origin appears “in close proximity” or in some other conspicuous place, the name of the country of origin must be preceded by “Made in,” “Product of,” or words of similar meaning.

Examination of the proposed marking of Style MS0025 indicates that when the garment is displayed for retail sale, whether on a hanger or folded flat, the country of origin label, “Made in China”, is covered by the rib knit collar and is not visible to the ultimate purchaser. Consequently, the placement of the country of origin label on the imported shirt is not conspicuous and does not constitute an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

You have also inquired about the placement of the fiber content label inside the left lower side seam of the shirt and the adequacy of the information contained on that label. Textile fiber products imported into the United States must 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. Therefore, we suggest you contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 for advice concerning the requirements under this Act.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Mary Ryan at 212-637-7081.


Robert B. Swierupski

Previous Ruling Next Ruling