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NY F82202

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February 22, 2000

MAR-2 RR:NC:TA:360 F82202

CATEGORY: MARKING

Arthur W. Bodek
Akin, Gump, Strauss, Hauer & Feld, L.L.P. 590 Madison Avenue
20th Floor
New York, NY 10022

RE: The country of origin marking of a woman's woven cowl neck pullover

Dear Mr. Bodek:

This is in response to your letter dated January 19, 2000, on behalf of Ellen Tracy, Inc., requesting a ruling concerning country of origin marking of a woman's woven cowl neck pullover. The sample submitted with your request will be returned under separate cover.

FACTS:

The submitted sample, style 13244300, is a cowl neck pullover constructed from 100 % silk gingham fabric. The garment features long sleeves with elasticized cuffs and a self-fabric drawstring waist.

The neck of the garment extends approximately 12 inches from the natural neckline as measured between the shoulder seams. The article will be shipped on a hanger without the neck being folded in any particular fashion allowing it to fall down under its own weight, resting on the hanger. The garment will be displayed in a similar manner at retail. The item is designed so that when worn, the consumer will "scrunch" the collar down to the neckline. The neckline will not be folded over as one would fold over a turtleneck as such manner of wear would expose the inner seams of the garment.

You point out that a sewn-in label placed in the neck midway between the shoulder seams would be awkward and would not likely be conspicuous to a consumer at the time of purchase. This is so due to the exaggerated height of the neck, coupled with the fact that the neck will be "scrunched".

You state that your client would like to mark the garment in a different conspicuous location, other than by use of a sewn-in label in the neck area; specifically, by means of a hangtag securely affixed in the neck area setting forth the country of origin, fiber content and company name and/or RN number. The hangtag would be positioned so as to be visible to the consumer at retail.

Alternately, Ellen Tracy proposes to indicate the country of origin of the garment on an origin label sewn to the inside side seam of the garment approximately 3 inches from the bottom.

Finally, if required by Customs, the country of origin would be set forth on both the neck area hangtag and side seam label described above.

ISSUE:

Whether the proposed marking of the women’s sweater satisfies the country of origin marking requirements of 19 U.S.C. §1304 and 19 C.F.R. Part 134.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. §1304), provides that unless excepted, every article of foreign origin 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. Congressional intent in enacting 19 U.S.C. §1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlander & Co., 27 C.C.P.A. 297 at 302; C.A.D. 104 (1940).

Part 134, Customs Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. §1304. Section 134.41(b), Customs Regulations (19 C.F.R. §134.41(b), requires that the marking be conspicuous enough that an ultimate purchaser will be able to find the marking easily and read it without strain. The degree of permanence of the marking should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling.

In T.D. 54640(6), Customs ruled that shirts, blouses and sweaters must be marked by means of a fabric label sewn on the inside center of the neck midway between the shoulder seams or in that immediate area. Nevertheless, Customs has allowed some leeway for cowl neck and reversible garments that are otherwise conspicuously, permanently and legibly marked in accord with 19 U.S.C. §1304 and 19 CFR 134. See Headquarters Ruling Letter (HRL) 709180, dated June 19, 1978 (a cowl neck sweater with country of origin label affixed to the waist seam allowable); HRL 731513, dated November 15, 1988 (a reversible ladies jacket with the country of origin on a paper hangtag attached to the neck area of the garment was allowed); HRL 734692, dated October 31, 1992 (reversible jackets marked with two country of origin labels, one sewn into the inside pocket and one on a hangtag attached to the zipper was acceptable); HRL 734889, dated June 2, 1993 (a sewn-in label at the neck was not mandated under 19 U.S.C. §1304 for reversible jean jackets) and HRL 561255, dated January 29, 1999 ( allowed alternate marking on a front-to-back reversible garment).

As noted above, you propose to mark the cowl neck garment either by 1) a hangtag affixed in the neck area setting forth the country of origin, fiber content and company name and/or RN number; or 2) an origin label permanently affixed to the inside seam of the garment approximately 3 inches from the bottom. You also propose a combination of these two methods if Customs deems it so advisable.

We find that either of the two proposed methods of marking (hangtag in the neck area or label sewn to the inside seam) is acceptable for purposes of 19 U.S.C. §1304 provided the marking is otherwise legible, conspicuous, and permanent (as discussed above).

To ensure compliance with the Textile Fiber Products Identification Act (15 U.S.C. 70), which is applicable to textile products, we suggest that you contact the Federal Trade Commission (FTC) for information regarding guidelines for the use of the proposed hangtags. Customs does not issue rulings or decisions interpreting FTC guidelines. The address of the FTC is:

Federal Trade Commission
6th and Pennsylvania, NW,
Washington, D.C. 20580

HOLDING:

Since the imported cowl neck pullovers has an exaggerated neckline that would obscure the placement of a label as prescribed in T.D. 54640(6), the garment is not required to be marked by means of a sewn-in label affixed to the neck area. Marking the garment either by 1) a hangtag affixed in the neck area setting forth the country of origin, fiber content and company name and/or RN number; or 2) an origin label permanently affixed to the inside seam of the garment approximately 3 inches from the bottom would be acceptable provided the marking is legible, conspicuous, and permanent in accordance with 19 U.S.C. §1304 and 19 C.F.R. Part 134.

The proposed marking of style 13244300, as described above, is conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for imported women's woven cowl neck pullovers.

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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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