COUNTRY OF ORIGIN MARKING OF IMPORTED WOMAN’S GARMENTS

N201852 February 17, 2012 MAR-2 OT:RR:NC:N3:359 CATEGORY: MARKING Ms. Jennifer Hong Color Image Apparel Inc. 6670 Flotilla Street Los Angeles, CA 90040 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED WOMAN’S GARMENTS Dear Ms. Hong: This is in response to your letters dated December 7, 2011 and January 20, 2012 requesting a ruling on whether the proposed marking is an acceptable country of origin marking for an imported woman’s pullover garment. A marked sample was submitted with your letter for review. The sample is being returned as per your request. Style BL1065 is a woman’s pullover garment made of a finely knit fabric. The fabric measures more than nine stitches per two centimeters counted in the horizontal direction. The cut and sewn garment has a boxy body shaping. Style BL1065 features a rounded front neckline, short hemmed sleeves and a straight hemmed garment bottom. The garment extends to below the waist. The submitted sample has a “Bella Luxx” brand fabric label sewn at the center of the rear neckline. You have indicated that “Bella Luxx” is a registered trademark. Centered below the brand label, a second folded fabric label is sewn on the submitted sample. This folded label displays the size “S” on the outer surface which is clearly visible to the purchaser. “Made in China” is printed on the underside of the folded label, this country of origin marking is not visible unless the label is turned over by the purchaser. (It should be noted that the submitted sample had the second fabric label folded up and which appeared to be stream pressed so that the country of origin marking was awkwardly displayed above the brand label. A photo of this was also included as part of your request. We found it improbable that the garment will be displayed and sold in this condition. It is highly unlikely the garment would be sold with the size marking not visible to the consumer and the label uncomfortably folded up rather then flat against the wearer’s skin. Therefore, we are only addressing the aforementioned garment fabric label.) The garment also has a paper hangtag that is pinned at the left sleeve seam area. Printed on one side of the hangtag is “BELLA LUXX Los Angeles”. You have advised that “BELLA LUXX Los Angeles” is not a registered trademark. The reverse side of the paper hangtag has a UPC sticker displaying a bar code, the style number, color, size and price; below the sticker the e-mail address “bellaluxx.com” is printed. The hangtag has no country of origin marking. 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 U.S. 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 U.S. 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. As the imported garment is intended for retail sale, the retail customer is considered the ultimate purchaser for the purpose of country of origin marking. 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(s) or surface(s) in which the name or locality other than the actual country of origin appears. The country of origin marking on the underside of the folded fabric garment label is not easily and readily visible to the ultimate purchaser. Therefore, this country of origin label is not conspicuous and does not constitute an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. The location of the country of origin marking on the underside of the fabric label is not conspicuously located in that it is not easy to find and should instead be located on the front side of this label. The phrase “Bella Luxx Los Angeles” is not a registered trademark and may mislead or deceive an ultimate purchaser as to the origin of the imported garment. Therefore, the special marking requirements of 19CFR 134.46 are applicable to the paper hangtag attached to the garment which contain the phrase “Bella Luxx Los Angeles”. Accordingly, we find that the country of origin of the garment must appear on the same side of the garment paper hangtag in close proximity and in at least a comparable size to where the phrase “Bella Luxx Los Angeles” appears. The proposed markings of the imported garment, as described above, do not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and are not acceptable country of origin markings for the imported woman’s pullover. To ensure compliance with the Textile Fiber Products Identification Act (15 U.S.C. 70), which is applicable to textile products, we suggest that you contact the Federal Trade Commission (FTC) for information regarding guidelines for the use of the proposed hangtags. Customs does not issue rulings or decisions interpreting FTC guidelines. The address and website of the FTC follow: Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580 and www.ftc.gov. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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 359 Francine Vivona-Brock at (646) 733-3049. Sincerely, Thomas J. Russo Director National Commodity Specialist Division