[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Notices]
[Pages 57621-57622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28265]



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DEPARTMENT OF THE TREASURY
Customs Service


Country of Origin Marking Requirements for Wearing Apparel

AGENCY: Customs Service, Department of the Treasury.

ACTION: Proposed change of practice; solicitation of comments.

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SUMMARY: This notice advises the public that Customs proposes to change 
the practice regarding the country of origin marking of wearing 
apparel. Customs previously has ruled that wearing apparel, such as 
shirts, blouses, coats, sweaters, etc., must be marked with the name of 
the country of origin by means of a fabric label or label made from 
natural or synthetic film sewn or otherwise permanently affixed on the 
inside center of the neck midway between the shoulder seams or in that 
immediate area or otherwise permanently marked in that area in 

[[Page 57622]]
some other manner. Button tags, string tags and other hang tags, paper 
labels and other similar methods of marking are not acceptable. The 
proposed change set forth herein would evaluate the marking of such 
wearing apparel on a case-by-case basis in order to determine whether 
the requirements of 19 U.S.C. 1304 are satisfied.

DATES: Comments must be received on or before January 16, 1996.

ADDRESSES: Written comments (preferably in triplicate) may be addressed 
to the Regulations Branch, Office of Regulations and Rulings, U.S. 
Customs Service, Franklin Court, 1301 Constitution Avenue NW., 
Washington, D.C. 20229. Comments submitted may be inspected at the 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service, Franklin Court, 1099 14th Street NW., Suite 4000, Washington, 
D.C.

FOR FURTHER INFORMATION CONTACT: Monika Rice, Special Classification 
and Marking Branch, Office of Regulations and Rulings (202-482-6980).

SUPPLEMENTARY INFORMATION:

Background

    Section 304 of the 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. Part 134, Customs Regulations (19 CFR part 
134), implements the country of origin marking requirements and 
exceptions of 19 U.S.C. 1304.
    The primary purpose of the country of origin marking statute is to 
``mark the goods so that at the time of purchase the ultimate purchaser 
may, by knowing where the goods were produced, be able to buy or refuse 
to buy them, if such marking should influence his will.'' United States 
v. Friedlaender & Co., 27 CCPA 297, 302, C.A.D. 104 (1940). The clear 
language of section 1304 requires ``permanent'' and ``conspicuous'' 
marking, and to this end 19 CFR 134.41 provides, in part, that the 
degree of permanence should be at least sufficient to insure that in 
any reasonably foreseeable circumstance, the marking shall remain on 
the article until it reaches the ultimate purchaser unless it is 
deliberately removed, and that the ultimate purchaser in the U.S. must 
be able to find the marking easily and read it without strain.
    In T.D. 54640(6), 93 Treas. Dec. 301 (1958), Customs determined 
that on and after October 1, 1958, wearing apparel, such as shirts, 
blouses, coats, sweaters, etc., must be legibly and conspicuously 
marked with the name of the country of origin by means of a fabric 
label or label made from natural or synthetic film sewn or otherwise 
permanently affixed on the inside center of the neck midway between the 
shoulder seams or in that immediate area or otherwise permanently 
marked in that area in some other manner. Button tags, string tags and 
other hang tags, paper labels and other similar methods of marking were 
not considered acceptable after October 1, 1958. The requirement in 
T.D. 54640(6) that the country of origin marking should appear on the 
inside center of the neck midway between the shoulder seams or in that 
immediate area is consistent with the Textile Fiber Products 
Identification Act as enforced by the Federal Trade Commission.
    Subsequently, T.D. 55015(4), 95 Treas. Dec. 3 (1960), extended T.D. 
54640(6), to allow the country of origin marking of reversible garments 
to be looped around the hanger. On the basis of this extension, Customs 
has allowed ladies reversible jackets to be marked with a cardboard 
hang tag affixed to the neck area by means of a plastic anchor tag. 
Customs noted that since the jacket was reversible, a fabric label sewn 
into the jacket could damage the jacket when the label was removed. 
Headquarters Ruling Letter (HRL) 731513 dated November 15, 1988. 
Similarly, in HRL 733890 dated December 31, 1990, Customs allowed 
women's reversible silk tank tops to be marked with a cloth label, 
showing the country of origin and other pertinent information sewn into 
a lower side seam, and a hang tag which also provided the required 
information attached at the neck. See also HRL 734889 dated June 22, 
1993.
    In order to allow more flexibility in achieving the objectives of 
the marking statute, Customs is now proposing to change its position 
and modify that portion of T.D. 54640(6) relating to the requirement of 
a fabric label or label made from natural or synthetic film sewn to the 
article, and the disallowance of button tags, string tags and other 
hang tags, paper labels and other similar methods of marking. Rather, 
Customs proposes to evaluate the country of origin marking of wearing 
apparel, such as shirts, blouses, coats, sweaters, etc., on a case-by-
case basis to determine if it is conspicuous, legible, indelible, and 
permanent to a degree sufficient enough to remain on the shirt until it 
reaches the ultimate purchaser. The portion of T.D. 54640(6) relating 
to the requirement of placing the country of origin marking at the 
inside center of the neck of a shirt midway between the shoulder seams 
or in that immediate area, shall remain in effect.
    It should be noted that this proposed change in practice does not 
exempt textile fiber products imported into the U.S. from the labeling 
requirements of the Textile Fiber Products Identification Act enforced 
by the Federal Trade Commission.

Authority

    This notice is published in accordance with Sec. 177.9, Customs 
Regulations (19 CFR 177.9).

Comments

    Before adopting this proposed change in position, consideration 
will be given to any written comments timely submitted to Customs. 
Comments submitted will be available for public inspection in 
accordance with the Freedom of Information Act (5 U.S.C. 552), 
Sec. 1.4, Treasury Department Regulations (31 CFR 1.4), and 
Sec. 103.11(b), Customs Regulations (19 CFR 103.11(b)), on regular 
business days between the hours of 9 a.m. and 4:30 p.m. at the 
Regulations Branch, Franklin Court, 1099 14th Street NW., Suite 4000, 
Washington, DC.
George J. Weise,
Commissioner of Customs.

    Approved: October 24, 1995.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 95-28265 Filed 11-15-95; 8:45 am]
BILLING CODE 4820-02-P