Country of origin marking of ladies woven cotton pant; use of sewn-in “Superlabel Premium”; permanence

HQ 561252 June 25, 1999 MAR05 RR:CR:SM 561252 MFC CATEGORY: Marking Miguel Ruiz Customs Broker and Import Manager 807 Miami International Forwarders 1801 NW 82 Avenue Miami, FL 33126-1013 RE: Country of origin marking of ladies woven cotton pant; use of sewn-in “Superlabel Premium”; permanence Dear Mr. Ruiz: This is in response to your letter dated November 20, 1998, on behalf of Nalpac RTW (“Nalpac”), which requests a binding ruling regarding the acceptability of the label material referred to as “Superlabel Premium.” Three samples of the label material were submitted. FACTS: Nalpac intends to ship U.S. fabricated components to Mexico in a condition ready for assembly. In Mexico, the components will be sewn into ladies woven cotton pants. You specifically limit the scope of your ruling request as to the acceptability of the label material referred to as “Superlabel Premium” which is made in the United States by means of a paper machine and is composed of 55% acrylic latex binder, 31% cellulose fibers, 13% polyester fibers, and 1% fillers. ISSUE: Whether the use of the “Superlabel Premium” for country of origin marking purposes satisfies the requirements of 19 U.S.C. §1304 and 19 CFR 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 United States 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 United States the English name of the country of origin of the article. By enacting 19 U.S.C. §1304, Congress intended to ensure that the ultimate purchaser would know the country of origin of the goods by inspecting the marking on the imported goods. 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., 27 C.C.P.A. 297, 302 C.A.D. 104 (1940). Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions to 19 U.S.C. §1304. According to 19 CFR §134.41, the country of origin marking is considered to be conspicuous if the ultimate purchaser in the United States is 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. Customs ruled in T.D. 71-264(3) that: trousers, slacks, jeans, and similar wearing apparel 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 will not be acceptable.... Therefore, we must determine whether the “Superlabel Premium” material is sufficiently permanent. We find that the samples of the “Superlabel Premium” labels are sufficiently strong that they will not tear during the normal course of importation, distribution, and examination by consumers. Accordingly, we find that the “Superlabel Premium” material is an acceptable material for the sewn-in country of origin marking requirements on ladies woven cotton pants. HOLDING: The use of the “Superlabel Premium” material satisfies the requirements of 19 U.S.C. §1304 and 19 CFR Part 134.  A copy of this ruling letter should be attached to the entry documents filed at the time the goods are 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 Commercial Rulings Division