COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN OUTERWEAR

N235220 December 6, 2012 MAR-2 OT:RR:NC:N3:357 CATEGORY: MARKING Mr. Daniel Corlew Woolrich, Inc. Two Mill St. Woolrich, PA 17779 RE: COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN OUTERWEAR Dear Mr. Corlew: This is in response to your letter dated October 25, 2012, requesting a ruling on whether the proposed marking “Made in China” at the neckline and in the side seam on the fiber content and care label is an acceptable country of origin marking for imported men’s wool-blend field coats if another marking that includes the history of your company and references to Pennsylvania and the USA appears on the article. A marked sample was submitted with your letter for review and is being returned to you. The garment, style 16617, is a men’s field coat with a shell composed of a woven 85% wool/15% nylon fabric which is made in the United States. There is a label at the neck (label #1), midway between the shoulder seams containing information about your company and a United States location, “Woolrich, Pennsylvania,” in block letters. Immediately below and sewn to this label is a second label (label #2) that indicates the gender and the size and contains the words, “Made in China,” in letters of equal font size to the U.S. location on the first label. A third label (label #3), is a hangtag attached to the second label. This tag contains text with the terms, “American Worker” and “True American Classics,” in a font that is also the same size as the “Made in China” designation on label #2. Label #4 is a folded cloth label sewn into the lower left side seam printed on the exposed side with care information and on the turned-over side with fiber content information and the words “Made in China.” Finally, there is a label sewn into the lower left body panel (label #5), which you described as a “mill label,” containing within a circle the words “Woolrich Woolen Mill Est. 1830.” This label contains historical information about the company, including the following language: “By 1845 he expanded the mill and moved it to what is now Woolrich, Pennsylvania. Woolrich is the longest continuously running woolen mill in the USA …” 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. 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. Labels one, three and five trigger the requirements of Section 134.46, Customs Regulations (19 CFR 134.46). While label #2 at the neck satisfies the requirements of Section 134.46, Customs Regulations (19 CFR 134.46), the proposed marking of “Made in China” on the back of the fiber content and care label at a 90º angle to the text on the mill label, as described above, does not satisfy the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 and is not an acceptable country of origin marking for the imported field coat. 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 William Raftery at (646) 733-3047. Sincerely, Thomas J. Russo Director National Commodity Specialist Division