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

N064057 July 6, 2009 CLA-2-62:OT:RR:NC:WA:356 CATEGORY: MARKING Ms. Kiki Phaneuf Shipley & Halmos 8 Greene Street New York, NY 10013 RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN SUIT JACKETS. Dear Ms. Phaneuf: This is in response to your letter dated May 12, 2009, which was received by this office on June 8, 2009, requesting a ruling concerning the acceptable placement of a country of origin label on a men’s woven suit jacket that will be imported from China. A sample of the jacket, with the marking labels attached, was submitted with your inquiry and will be returned, as you requested. The submitted garment is a men’s fully lined suit jacket constructed from 100% wool, 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 four buttons at the cuffs, two welt pockets with flaps 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. The jacket has a woven label sewn below the opening of the inner left chest pocket stating the brand name and company statement in red and black letters on a white background. The location “New York” is shown at the bottom of the brand label in narrow black letters approximately one-sixteenth of an inch high. A woven fabric label is sewn to the right side of the brand label showing the garment size and the country of origin as “Made in China” in wide, bold, black letters that measure approximately one-sixteenth of an inch high. 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. Consequently, the country of origin label on this garment, which is affixed directly to the right of the brand label, is conspicuous and is in close proximity to the brand label and constitutes an acceptable country of origin marking within the meaning of 19 U.S.C. 1304. Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning. In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side or surface in which the name or locality other than the actual country of origin appears. In the present situation, the label showing “Made in China” is sewn directly to the right of the brand label showing the United States locality. The marking of the country of origin is in close proximity and in letters of a comparable size to the letters showing the United States locality and is clear, legible and conspicuous. Consequently, the proposed marking of the men’s suit jacket, as described above, satisfies the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported garment. 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