Country of origin marking of trousers; jeans; pants; slacks; conspicuous; 19 U.S.C. 1304; 19 CFR 134.41; T.D. 71-264(3); 733776

HQ 733737 February 11, 1991 MAR-2-05 CO:R:C:V 733737 EAB CATEGORY: Marking Dennis Baker Colonial Corporation of America Woodbury, Tennessee 37190 Re: Country of origin marking of trousers; jeans; pants; slacks; conspicuous; 19 U.S.C. 1304; 19 CFR 134.41; T.D. 71-264(3); 733776 Dear Mr. Baker: This is in reply to your letter dated August 14, 1990, in which you request a ruling on the country of origin marking requirements of trousers. FACTS: Visual examination of the submitted sample indicates a pair of men's blue jeans or denim pants. Sewn into the inside of the inner fly panel, approximately half of the way down from the top of the waistband, is a fabric label containing, among other items such as size and washing instructions, the country of origin of the trousers. Sewn into the inner waistband is a label indicating the brand of the trousers. You request a ruling permitting country of origin labelling of the trousers in the manner indicated on the submitted sample, being of the opinion that such a location is conspicuous. ISSUE: May a country of origin label, separate from a brand label sewn into the inner waistband of trousers, be sewn into the upper half of the inside fly panel, in satisfaction if the requirements of 19 U.S.C. 1304? LAW AND ANALYSIS: Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that articles of foreign origin imported into the U.S. must be legibly, conspicuously and permanently marked to indicate the country of origin to the ultimate purchaser in the U.S. As provided in 19 CFR 134.41, the marking is considered conspicuous if the ultimate purchaser is able to find the marking easily and read it without strain. 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), C.S.D. 88-38 (July 18, 1988). 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 [emphasis added]." Customs has not required the country of origin labelling 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. In fact, Customs has specifically declined to require uniformly that slacks be marked with the country of origin in the waistband area, and not elsewhere, Headquarters Information Letter 724886 (March 28, 1984). Recently, 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, size and brand of the trousers, HQ 733776 (January 23, 1991). In support of his request, the manufacturer pointed out that securing the origin label on the inside of the waistband would result in the stitching showing through on the outside of the waistband, thereby diminishing the salability of the trousers in the eyes of some of its larger retailers. In further support of its request, the manufacturer stated that, if allowed to place the country of origin label on the top if the inside of the inner fly panel, it would be able to reduce the number of special machinery purchases that would be required to place the label on the waistband, in as much as all origin and care labelling for its domestic trousers was placed in the inside fly area. In consideration of the foregoing, in this case we find that the requirements of 19 U.S.C. 1304 are satisfied by sewing into the upper half of the inside of the inner fly panel of trousers a fabric label indicating the care instructions, size and country of origin of the trousers. Such a location is conspicuous in this case, and readily and easily found by one looking for important information concerning the garment. HOLDING: The country of origin fabric label on the submitted sample trousers which is sewn into the upper half of the inside of the inner fly panel and contains the fabric content, size and care instructions is conspicuous within the meaning of 19 U.S.C. 1304, 19 CFR 134.41 and T.D. 71-264(3). Sincerely, John Durant, Director, Commercial Rulings Division