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

N256520 September 17, 2014 MAR-2:OT:RR:NC:N3:357 CATEGORY: MARKING Ms. Barbara Nichols GBG Spyder USA LLC 4772 Walnut St Boulder, CO 80301 RE: THE COUNTRY OF ORIGIN MARKING OF IMPORTED MEN’S WOVEN JACKETS. Dear Ms. Nichols: In your letter dated August 21, 2014, you requested a ruling as to whether the proposed country of origin label constitutes acceptable marking for a men’s jacket that will be imported from China. A sample of the jacket, with the marking label attached, was submitted with your inquiry and will be returned, as you requested. Style 14-3071 TriPoint Jacket is a men’s jacket constructed from 100% polyester woven fabric with a visible coating on the inner surface. The jacket has a full front opening with a zipper closure extending to the top of the collar, long sleeves with a hook-and-loop tab at the wrist, an elasticized drawstring with cord locks through the bottom hem, a powder skirt with elastic and snap closures, zippered pockets at the waist, an unsecured inside pocket in the lower left front panel and a hood with elasticized tightening. The garment has a brand name patch label sewn to the outside of the left chest and a patch label sewn on the right upper arm. The patch label on the left chest measures approximately 3¾ inches long by 1¼ inches wide and shows the name “Spyder” in stylized letters measuring approximately half of an inch high. The patch label on the right upper arm measures approximately three inches by three inches and shows a snowflake and “Boulder, Co USA” in stylized letters measuring approximately three-sixteenth of an inch high. The letters are in white on a black background. The sample also has a large sewn-on woven fabric label at the center rear neckline that shows the company’s logo and website. Beneath the large label are two smaller labels. One label is composed of woven fabric and the other is made of plastic. The front of the woven label states the size of the garment. The front of the plastic label states the country of origin, “Made in China”. The lettering is in black, plain block letters, approximately one-sixteenth of an inch high, on a white background. An additional label is sewn to the inside side seam. This label provides the information “Spylon®” and “XtL™10/10k”. This information is printed in white, plain block letters, approximately three-sixteenth of an inch high, on a red background. The labels are sewn so that the printing is oriented sideways to the reader. 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 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. Since the jackets 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. 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 of locality other than the actual country appears. Section 134.47, Customs Regulations (19 CFR 134.47), provides that when the name of a place other than the country of origin appears as part of a trademark or trade name, the name of the actual country of origin must appear in close proximity to the place name “or in some other conspicuous location.” Whether the country of origin appears “in close proximity” or in some other conspicuous place, the name of the country of origin must be preceded by “Made in,” “Product of,” or words of similar meaning. As the origin label is readily visible to the ultimate purchaser, the placement of the country of origin label on the imported jacket constitutes an acceptable country of origin marking in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134. 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 Natalie Hanson via email at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division