THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN SUIT-TYPE JACKETS.

N051983 March 13, 2009 CLA-2-62:OT:RR:NC:WA:356 CATEGORY: MARKING Mr. Anthony LoPresti S. J. Stile Associates Ltd. 181 South Franklin Avenue Valley Stream, NY 11581 RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN SUIT-TYPE JACKETS. Dear Mr. LoPresti: This is in response to your letter dated February 10, 2009, submitted on behalf of Theory LLC, requesting a ruling concerning the acceptable placement of a country of origin label on two men’s woven suit-type jackets that will be imported from China. Samples of the jackets, with the marking labels attached, were submitted with your inquiry and will be returned, as you requested. Style 90384113 is a men’s suit-type jacket constructed from 64% cotton, 31% polyester, 5% elastane woven fabric. The garment has six panels sewn together lengthwise, a full front opening with two button closures, a notched collar with lapels, long sleeves with three buttons at the cuffs, two welt pockets below the waist, two inner chest pockets, a lower left inner welt pocket, a hanger loop at the rear neckline, a rear vent, and a hemmed bottom. Style 90384137 is a men’s fully lined suit-type jacket constructed from 65% cotton, 35% linen woven fabric. The garment has six panels sewn together lengthwise, a full front opening with two button closures, a notched collar with lapels, long sleeves with three buttons at the cuffs, two welt pockets with flaps below the waist, two inner chest pockets with buttoned tabs, a lower left inner welt pocket, a hanger loop at the rear neckline, a rear vent, and a hemmed bottom. . Style 90384113 has a woven brand name label sewn to the outside of the inner left chest pocket stating the brand and the size of the jacket. A drop down label stating the country of origin, “Made in China,” the fiber content and the RN number in black, plain block letters on a white background is sewn to the upper inner seam of the welt pocket. A second drop down label is sewn over this label showing the country of origin, “Made in China,” in white, plain block letters on a black background. This label measures one-quarter inch wide by seven-sixteenths of an inch long with lettering measuring one-sixteenth of an inch high and is turned so that the words must be read sideways. Both labels are designed to drop down into the pocket. A hangtag affixed to the buttonhole shows the brand name, the style number, the size, the bar code, and the price. Style 90384137 has a woven brand name label sewn to the outside of the inner left chest pocket stating the brand and the size of the jacket. A drop down label stating the country of origin, the fiber content and the RN number in black, plain block letters on a white background is sewn to the upper inner seam of the welt pocket under the tab. A second drop down label is sewn over the tab showing the country of origin, “Made in China”, in white, plain block letters on a black background. This label measures one-quarter inch wide by six-sixteenths of an inch long with lettering measuring one-sixteenth of an inch high and is turned so that the words must be read sideways. The black label is designed to drop down over the tab. Both the unbottoned tab and the labels can be tucked into the welt pocket. A hangtag affixed to the buttonhole shows the brand name, the style number, the size, the bar code, and the price. 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 (or its container) 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 U.S. the English name of the country of origin of the article. As provided in section 134.41 (b), Customs Regulations (19 CFR 134.41 (b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the United States is able to find the marking easily and read it without strain. Section 134.1(d), Customs Regulations (19 CFR 134.1(d)) defines the “ultimate purchaser” generally as the last person in the United States who will receive the article in the form in which it is imported. Since the garments are intended for retail sale, the retail customer is considered the ultimate purchaser for the purpose of country of origin marking. In T.D. 54640(6), Customs determined that country of origin marking appearing on the inside center of the neck of shirts, blouses, coats, sweaters, etc., mid-way between the shoulder seams or in that immediate area, is conspicuous within the meaning of 19 U.S.C. 1304. ORR ruling 638-39 dated January 2, 1979, modified this ruling by holding that suit jackets, overcoats and sport coats may be marked to indicate the country of origin by means of a label affixed over or below the inside pocket if such marking is included on or is in close proximity to a brand name label affixed to that area. For Style 90384113, the white label is obscured by the black label and the black label contains letters that are small with words that must be read sideways. Both labels are designed to drop down inside the pocket and are not visible unless the pocket is opened. For Style 90384137, the white label is designed to drop down inside the pocket when the tab is buttoned and is covered by the tab when it is not buttoned. The black label, which is sewn over the tab, contains letters that are small, with words that must be read sideways. The black label also drops down inside the pocket when the tab is tucked in and would not be visible unless the pocket were opened. Neither label is easily or readily visible and accessible to the ultimate purchaser upon a casual examination of the garment. Consequently, the proposed marking of the imported jackets, as described above, is not conspicuous and does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The marking does not constitute an acceptable country of origin marking for the imported goods. Textile fiber products imported into the United States must also be labeled in accordance with the Textile Fiber Products Identification Act (15 USC 70 through 70k) and the rules promulgated thereunder by the Federal Trade Commission. We suggest you contact the Federal Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 for advice concerning the requirements of this Act. Information may also be obtained at the Federal Trade Commission website, www.ftc.gov. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 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 Mary Ryan at 646-733-3271. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division