Internal Advice 12/96; country of origin marking of men'sshortalls; conspicuous; T.D. 54640(6); T.D. 71-264(3); HRL 733776; HRL 735418

HQ 559781 September 10, 1996 MAR-2-05 RR:TC:SM 559781 DEC Port Director U.S. Customs Service 6747 Engle Road Middleburg Heights, OH 44130-7939 RE: Internal Advice 12/96; country of origin marking of men's shortalls; conspicuous; T.D. 54640(6); T.D. 71-264(3); HRL 733776; HRL 735418 Dear Director: This is in response to your March 11, 1996, request for internal advice with respect to the proper country of origin marking of men's shortalls. We are in receipt of the sample merchandise. FACTS: The merchandise at issue is men's stonewashed shortalls. The merchandise is in the style of traditional overalls, but the legs are cut off at the knee. The garment has a front bib, square at the top, which has four pockets. The rear panels extend nearly to the shoulders and slightly above the front bib. The rear bib has adjustable straps sewn to it that connect to the front bib by metal hooks. The garment has a defined waist on its front portion, but not on its rear portion. The waist area is encircled with belt loops. The garment also has a zipper fly closure. At the top of the rear panels, a County Seat label overlay is sewn to the garment. The country of origin marking is on a sewn-in label at the seam on the inside mid-front of the garment at approximately the waist level. The garment's size, washing instructions, and fiber content information are also contained on the label. A paper tag is also attached to the garment containing size and price information attached to the garment by a plastic string. ISSUE: Whether the marking on the shortalls as described above satisfies the requirements of 19 U.S.C. 1304. LAW AND ANALYSIS: 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 imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article 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. Friedlaender & Co. Inc., 27 CCPA 297, 302, C.A.D. 104 (1940). The Customs Service has determined that country of origin marking appearing on the inside center of the neck of a shirt midway between the shoulder seams or in that immediate area is conspicuous within the meaning of 19 U.S.C. 1304 and is, in fact, the requisite location. See T.D. 54640(6). In T.D. 71-264(3), Customs ruled that marking of trousers, slacks, jeans and similar wearing apparel should be made by means of a permanent label affixed in a conspicuous location on the garments, "such as the inside of the waistband." Customs has not required that the country of origin labeling of trousers and similar wearing apparel appear in only one specific location in order to be considered conspicuous within the meaning of 19 U.S.C. 1304. In fact, Customs has specifically declined to require that slacks be marked with the country of origin only in the waistband area. Customs has determined that the top of the inside of the inner fly panel of trousers is a conspicuous location in satisfaction of the requirements of 19 U.S.C. 1304, where the manufacturer included on one label the country of origin, care instructions, and the size and brand of the trousers. Headquarter Ruling Letter (HRL) 733776, dated January 23, 1991. In HRL 735418, dated February 3, 1994, Customs addressed the propriety of a country of origin label sewn into the interior side seam indicating the size and the country of origin of the subject trousers. Citing T.D. 71-264(3), Customs determined that trousers shall be marked to indicate the country of origin by means of a permanent label affixed in a conspicuous location on the garments, such as the inside of the waistband. Marking by means of paper labels sewn or otherwise attached to the garments was deemed not to be acceptable. Thus, in HRL 735418 the trousers were required to be marked by means of a fabric label sewn in a conspicuous place. It was noted in HRL 735418 that T.D. 71-264(3) did not require the label to appear on the waistband, but in a conspicuous place, such as the waistband. The label sewn into the interior seam indicated the trousers' origin on both sides and also set forth the size of the garment. It was the only reference to the size on the sample. The size is important consumer information, and as such, it was deemed likely that the ultimate purchaser would inspect the label to obtain size information. Therefore, we held in HRL 735418 that the label sewn into the side seam two inches below the waistband was in a conspicuous location for country of origin marking purposes. However, Customs determined that if the size of the garment was indicated elsewhere on the garment as well, then the country of origin would be required to appear in that location as well. Since Customs has not made an express statement with respect to the country of origin marking requirements of overalls or the shortall variety that is the subject of this ruling, we conclude that the shortalls are similar wearing apparel to trousers, slacks, and jeans, and should be marked by means of a permanent label affixed in a conspicuous location on the garment. There is no express requirement that the marking appear on the inside of the waistband. As previously stated, Customs has not required the country of origin labeling of trousers and similar wearing apparel to appear in one and only one specific location in order to be considered conspicuous within the meaning of 19 U.S.C. 1304. We find that the marking of the shortalls should be consistent with the position Customs articulated with respect to the marking of the trousers in HRL 735418. More specifically, the country of origin marking that appears on the sewn-in label on the front inside waistband of the shortalls shall be deemed conspicuous in the event that the garment does not provide the garment's size information anywhere else on the garment. Since size is important consumer information, it is likely that the ultimate purchaser will inspect the garment and look for the label. However, if size information is indicated elsewhere on the garment, then Customs would require the country of origin of the garment to appear in that location as well. In this case, the sample contains a paper price tag which contains the garment's size. Consistent with our decision in HRL 735418, the country of origin should also be indicated on the paper tag to be considered conspicuous within the meaning of 19 U.S.C. 1304. HOLDING: On the basis of the information and samples submitted, we find that the country of origin marking appearing on the sewn-in label on the front inside waistband of the shortalls is conspicuous only if the paper tag containing size and price information also indicates the origin of the garment. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction Sincerely, John Durant, Director Tariff Classification Appeals Division