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

HQ 733776 January 23, 1991 MAR-2-05 CO:R:C:V 733776 EAB CATEGORY: Marking Steven L. Bullard, Export/Import Manager Wrangler P.O. Box 21488 Greensboro, North Carolina 27420 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) Dear Mr. Bullard: This is in reply to your letter dated September 6, 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 top of the inside of the inner fly panel is a fabric label containing, among other items such as size and washing instructions, the country of origin of the trousers. You have been advised by Customs officials in Miami that the country of origin label must be applied to the waistband of the imported trousers. You request a ruling permitting country of origin labelling of the trousers to be on the top of the inside of the inner fly panel, as with the submitted sample, being of the opinion that such a location is conspicuous. You state that securing the label on the waistband would result in the stitching showing through on the outside of the waistband, diminishing the salability of the trousers in the eyes of some of your larger retailers. Finally, if you are allowed to place the country of origin label on the top of the inside of the inner fly panel, you will be able to reduce the number of special machinery purchases that would be required to place the label on the waistband, pointing out that you currently place all origin and care labelling for you domestic trousers in the inside fly area. ISSUE: Is the inner waistband of trousers the only conspicuous location for purposes of country of origin labelling? 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). In this case, we find that the requirements of 19 U.S.C. 1304, 19 CFR 134.41 and T.D. 71-264(3) are satisfied by sewing into the top of the inside of the inner fly panel of trousers a fabric label indicating the country of origin of the trousers as well as the size of the trousers and the washing instructions. HOLDING: The country of origin fabric label on the submitted sample trousers which is sewn into the top of the inner fly panel and contains the size and care instructions satisfies the requirements of 19 U.S.C. 1304, 19 CFR 134.41 AND T.D. 71-264(3). Sincerely, John Durant, Director Commercial Rulings Division