Marking Requirements for Wearing Apparel

Published CBP guidance; operative status and applicability must be assessed from the retained publisher edition.

What Every Member of the
Trade Community Should Know About:

Marking
Requirements for
Wearing Apparel

AN INFORMED COMPLIANCE PUBLICATION
MAY 2008

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NOTICE:
This publication is intended to provide guidance and information to the trade community.
It reflects the position on or interpretation of the applicable laws or regulations by U.S.
Customs and Border Protection (CBP) as of the date of publication, which is shown on
the front cover. It does not in any way replace or supersede those laws or regulations.
Only the latest official version of the laws or regulations is authoritative.

Publication History

First Issued September 1999
Revised January 2004
Revised July 2006
Reviewed with no changes May 2008

PRINTING NOTE:
This publication was designed for electronic distribution via the CBP website
(http://www.cbp.gov/) and is being distributed in a variety of formats. It was originally set
up in Microsoft Word97
®
. Pagination and margins in downloaded versions may vary
depending upon which word processor or printer you use. If you wish to maintain the
original settings, you may wish to download the .pdf version, which can then be printed
using the freely available Adobe Acrobat Reader
®
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Marking Requirements for Wearing Apparel
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PREFACE

On December 8, 1993, Title VI of the North American Free Trade Agreement Implementation
Act (Pub. L. 103-182, 107 Stat. 2057), also known as the Customs Modernization or “Mod” Act,
became effective. These provisions amended many sections of the Tariff Act of 1930 and
related laws.

Two new concepts that emerge from the Mod Act are “informed compliance” and “shared
responsibility,” which are premised on the idea that in order to maximize voluntary compliance
with laws and regulations of U.S. Customs and Border Protection, the trade community needs to
be clearly and completely informed of its legal obligations. Accordingly, the Mod Act imposes a
greater obligation on CBP to provide the public with improved information concerning the trade
community's rights and responsibilities under customs regulations and related laws. In addition,
both the trade and U.S. Customs and Border Protection share responsibility for carrying out
these requirements. For example, under Section 484 of the Tariff Act, as amended (19 U.S.C.
1484), the importer of record is responsible for using reasonable care to enter, classify and
determine the value of imported merchandise and to provide any other information necessary to
enable U.S. Customs and Border Protection to properly assess duties, collect accurate
statistics, and determine whether other applicable legal requirements, if any, have been met.
CBP is then responsible for fixing the final classification and value of the merchandise. An
importer of record’s failure to exercise reasonable care could delay release of the merchandise
and, in some cases, could result in the imposition of penalties.

Regulations and Rulings (RR) of the Office of International Trade has been given a major role in
meeting the informed compliance responsibilities of U.S. Customs and Border Protection. In
order to provide information to the public, CBP has issued a series of informed compliance
publications on new or revised requirements, regulations or procedures, and a variety of
classification and valuation issues.

This publication, prepared by the National Commodity Specialist Division, ORR, is a study of the
marking requirements for wearing apparel. “Marking Requirements for Wearing Apparel”
provides guidance regarding marking requirements of imported merchandise. We sincerely
hope that this material, together with seminars and increased access to rulings of U.S. Customs
and Border Protection, will help the trade community to improve voluntary compliance with
customs laws and to understand the relevant administrative processes.

The material in this publication is provided for general information purposes only. Because
many complicated factors can be involved in customs issues, an importer may wish to obtain a
ruling under Regulations of U.S. Customs and Border Protection, 19 C.F.R. Part 177, or to
obtain advice from an expert who specializes in customs matters, for example, a licensed
customs broker, attorney or consultant.

Comments and suggestions are welcomed and should be addressed to the Executive Director,
Regulations and Rulings, Office of International Trade, U.S. Customs and Border Protection,
1300 Pennsylvania Avenue, NW, (Mint Annex), Washington, D.C. 20229.

Sandra L. Bell
Executive Director, Regulations and Rulings
Office of International Trade

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COUNTRY OF ORIGIN MARKING FOR APPAREL................................... 7
Country of Origin Marking: General Requirements................................................................... 7
Determining Country of Origin for Wearing Apparel................................................................ 7
Marking Requirements for Wearing Apparel............................................................................. 7
Special Marking Rulings............................................................................................................. 8
Marking When Name of Country or Locality Other Than Country of Origin Appears........... 10
TEXTILE FIBER IDENTIFICATION ACT AND WOOL PRODUCTS
LABELING ACT
........................................................................................ 10
ADDITIONAL INFORMATION................................................................... 13
The Internet............................................................................................................................... 13
Customs Regulations................................................................................................................ 13
Customs Bulletin....................................................................................................................... 13
Importing into the United States............................................................................................... 14
Informed Compliance Publications........................................................................................... 14
Value Publications.................................................................................................................... 15
“Your Comments are Important”.............................................................................................. 16

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COUNTRY OF ORIGIN MARKING FOR APPAREL

Country of Origin Marking: General Requirements

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that,
unless excepted, every article of foreign origin imported into the U.S. shall be marked in
a conspicuous place as legibly, indelibly, and permanently as the nature of the article
(or 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. Congressional intent in
enacting 19 U.S.C. 1304 was “that the ultimate purchaser should be able to know by an
inspection of the marking on the imported goods the country of which the good is the
product. The evident purpose is to mark the good 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 C.C.P.A. 297 at 302 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin
marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), Customs
Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must
be able to find the marking easily and read it without strain.

Determining Country of Origin for Wearing Apparel

United States Customs laws require that all wearing apparel articles produced abroad
be marked for country of origin. The specific rules for determining origin can be found in
Section 102, Customs Regulations (19 CFR 102). Guidance on country of origin
determination for wearing apparel can be found in the Informed Compliance Publication
“What Every Member of the Trade Community Should Know About: Textile & Apparel
Rules of Origin” available on Customs' Home Page on the Internet's World Wide Web
(www.cbp.gov).

Marking Requirements for Wearing Apparel

All wearing apparel items must be marked with the name of the country of origin by
means of a fabric label unless a precedent exists which has ruled in favor of another
form of marking. Following are the general rules for locating such a fabric label on
upper and lower body garments.

In the case of garments that cover the upper torso such as shirts, blouses, coats,
sweaters, dresses and similar apparel, country of origin marking must be placed on the
“inside center of the neck midway between the shoulder seams or in that immediate
area” as ruled by Customs in T.D. 54640 (6).

“Trousers, slacks, jeans and similar wearing apparel must be marked by means of a
permanent label affixed in a conspicuous location on the garment, such as the inside of

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the waistband” as ruled by Customs in T.D. 71-264(3). This principle would apply as
well to shorts, skirts and similar garments.

Special Marking Rulings

Screen printed marking applied directly to the fabric in the inside center of the neck area
of a knit top was found to be permanent, legible and conspicuous in HQ 562700 dated
June 10, 2003; meeting requirements set forth in T.D. 54640(6). Factors considered
included the suitability of the garment fabric to accept the print matter, color contrast
between the print and background fabric so that the marking stands out, and the size of
marking allowing the ultimate purchaser to easily find and see the print without strain.

Reversible garments fall within the exception to the aforementioned neck marking
requirements. A reversible front to back ladies tank top was found to be properly
marked by means of a permanent sewn-in label on the inside lower side seam and a
hang tag securely attached at the neck in HQ 733890 dated December 31, 1990. And,
in HQ 734692 dated October 31, 1992 it was ruled that a reversible jacket could be
marked with a sewn-in label at the inside pocket in combination with a hang tag
attached to the front zipper closure.

Men’s or ladies’ two or three piece suits may be marked in the jacket of the suit if
bought and sold as a unit when all pieces are made in the same country as ruled in
ORR Ruling 331-69 dated August 19, 1969.

Men’s dress shirts packaged in transparent poly bags should be marked at the neck so
the ultimate purchaser can easily read the label without opening the packaging. See
HQ 732374 dated July 7, 1989.

Garment and belt made in the same country and imported and sold together as a unit -
the garment only may be marked, if found to reasonably indicate to the ultimate
purchaser the country of origin of the belt as well. See HQ 734222 dated December 9,
1991 and ORR Ruling 331-69 dated August 19, 1969.

In several rulings, Customs has held that bulk packages of work gloves (usually 1 dz.
pairs to a poly bag), which are given to employees, may be excepted from individual
marking provided that the gloves reach the "ultimate purchaser" (normally an industrial
plant) in outside containers (poly bags) properly marked with the origin of the gloves
and the Customs Port Director is satisfied that the gloves will be used only in the
manner described. Gloves that are not contained in a poly bag but are fastened only by
a paper band which may easily become detached or ripped from the gloves, may not be
excepted from individual marking, as ruled in HQ 734681, dated October 16, 1992.
However, Customs has held that cloth work or garden gloves may be marked to indicate
the country of origin by means of a heavy paper folder which securely fastens the
gloves together, as long as the country of origin is shown in a legible and conspicuous
manner. See Treasury Decision (T.D.) 75-222, dated September 4, 1975. Gloves may
be marked with a hang tag instead of sewn-in labels or ink stamps, so long as the

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country of origin is on the front of the hang tag in reasonable proximity to the glove size,
as ruled in HQ 731061, dated July 28, 1988.

Neckties and scarves which are accessory articles rather then wearing apparel with a
neck opening must be marked with a sewn-in label in a conspicuous place on the
article, see HQ 559620 dated May 17, 1996. However, shawls, scarves, mufflers,
mantillas, and veils containing 70 percent or more by weight of silk or silk waste
classified under 6214.10.10 Harmonized Tariff Schedule of the United States, as in
effect on January 1, 1997, (HTSUS), or to articles provided for in heading 5007 of the
HTSUS as in effect on January 1, 1997 (woven fabrics of silk or silk waste) are not
subject to the marking requirements of 19 U.S.C. 1304(a) and (b). See 19 U.S.C.
1304(h).

Socks classified under 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or
6111.90.50 of the Harmonized Tariff Schedule of the United States, as in effect on
September 1, 2003, are required to be marked on the front of the package, adjacent to
the size designation of the product. Any package that contains different types of goods
and includes socks is excepted from this requirement. TBT-06-004 New Label Marking
Requirements for Socks was issued in February 23, 2006. Miscellaneous Trade and
Technical Corrections Act of 2004, Pub. L. 108-429, 118 Stat. 2433 (Dec. 3, 2004),
amending the Textile Fiber Products Identification Act, 16 CFR Part 303.

Textile belts may be marked with a hang tag in a conspicuous place and in a manner
which assures that unless deliberately removed will remain on the article until it reaches
the ultimate purchaser as ruled in HQ 733139 dated April 6, 1990.

Tie or scarf sold as an accessory to an accompanying blouse, all made from the same
fabric and design, imported, sold and intended to be worn exclusively together - the tie
or scarf loses its separate identity when combined and sold with the blouse. As such,
only the blouse requires marking in accordance with HQ 729594 dated August 12, 1986
and HQ 733099 dated May 30, 1990.

Wearing apparel sold without normally being opened by the ultimate purchaser in
sealed packages may be marked on the container in accordance with 19 U.S.C. 1304
(b). See HQ 732572 dated June 7, 1990 regarding infant socks packed in a sealed
disposable clear plastic bag with a cardboard advertising card marked for country of
origin; HQ 733796 dated June 10, 1991 regarding disposable one-time use
undergarments packed in heat sealed poly bags with a paper label insert marked with
country of origin; and HQ 730910 dated September 6, 1988 regarding baby booties sold
in disposable packages marked for country of origin.

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Marking When Name of Country or Locality Other Than Country of
Origin Appears

19 CFR 134.46 states: “in any case 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
location 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 appear 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 of the article, 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.”

Customs has determined that the following examples of articles marked with non-origin
statements trigger the requirements of 19 CFR 134.46, as they may mislead or deceive
the ultimate purchaser:

“A product of ABC Corp., Chicago, Illinois”, “Manufactured and Distributed by ABC, Inc.,
Denver, Colorado”, “Manufactured by ABC Corp., California, U.S.A.”, “produced for ABC
Corp., Scotch Plains, N.J.”, “Designed in USA”, Made for XYZ Corp., California, USA”,
or “Distributed by ABC Inc., Colorado, USA”.

Customs has determined that statements such as “Printed in USA”, or names of
locations which are part of the design of an article do not trigger the requirements of 19
CFR 134.46.

TEXTILE FIBER IDENTIFICATION ACT AND WOOL PRODUCTS
LABELING ACT

Pursuant to section 141.113, Custom Regulations (19 C.F.R. 141.113), textile and
apparel articles imported into the United States are required to be marked or labeled
pursuant to the Textile Fiber Products Identification Act (15 U.S.C. 70) and the Wool
Products Labeling Act (15 U.S.C. 68). These acts are enforced by the Federal Trade
Commission (FTC). The following information in English must be included for marking
or labeling purposes:

• Fiber content, by percentage in descending order by weight, using generic fiber
names

• Fiber names approved by the FTC or by the International Organization for
Standardization (ISO) may be used. For example, either spandex (an FTC
approved name) or elastane (an ISO approved name) may be used to name the
same fiber.

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• Approved fiber names may be modified by other truthful, descriptive words, for
example, "pashmina cashmere" or “microfiber polyester”.

• Trademarked names can be used in conjunction with generic fiber names, for
example, “Lycra® Spandex” or “Tencel® Lyocell”, but trade names alone do not
satisfy the fiber identification requirement.

• The hair of new "hybrid" wool-bearing animals may be identified with the animal
name, such as "cashgora hair" or “paco-vicuna hair”.

• The fiber content may be stated on the reverse side of a label, as long as the
information is readily accessible. The disclosure “fiber content on reverse side” is no
longer required.

• Fibers that weigh less than 5 percent of the total fiber weight should not be identified
by name unless they have a definite functional significance when present in that
amount. The functional significance need not be stated on the label. For example, if
a product is 3% spandex, the label may say "3% spandex", without also stating "for
elasticity". If the fiber does not have functional significance at the level present in the
product, however, it should be identified as simply "3% other fiber".

• The name of the country of origin of the product

• Country of origin must be disclosed on the front side of a label on the inside center
of the neckline in a garment with a neckline. For other textile products, it must be on
the front of a label in a conspicuous place.

• The name of the importer, distributor, retailer, or foreign manufacturer

• Importers, distributors, and retailers may use RN numbers or WPL numbers issued
by the FTC instead of their names.

• Only companies residing in the U.S. can obtain and use RN numbers. Foreign
manufacturers may use either their name or the RN or WPL number of a U.S.
importer, distributor, or retailer directly involved with the distribution of the goods.

• The responsible firm may be identified by its trademark name, provided that the
trademark name has been registered with the U.S. Patent Office and a copy of the
trademark registration has been furnished to the FTC prior to its use. Trademarked
brand names may not be used to satisfy this requirement.

NOTE: The FTC is also responsible for enforcing the Trade Regulation Rule Concerning
the Care Labeling of Textile Wearing Apparel, 16 C.F.R. Part 423, which requires a
permanent label that provides care instructions on all wearing apparel, unless there is
an exemption (e.g., gloves).

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For more information about these requirements, companies may contact the Federal
Trade Commission, Division of Enforcement, 600 Pennsylvania Avenue, N.W.,
Washington, D.C. 20580. The FTC Website at www.ftc.gov provides comprehensive
information on FTC rules and regulations for the labeling of textile products. A textile
telephone information system is available at 202-326-3553.

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ADDITIONAL INFORMATION

The Internet

The home page of U.S. Customs and Border Protection on the Internet’s World Wide
Web, provides the trade community with current, relevant information regarding CBP
operations and items of special interest. The site posts information -- which includes
proposed regulations, news releases, publications and notices, etc. -- that can be
searched, read on-line, printed or downloaded to your personal computer. The web site
was established as a trade-friendly mechanism to assist the importing and exporting
community. The web site also links to the home pages of many other agencies whose
importing or exporting regulations that U.S. Customs and Border Protection helps to
enforce. The web site also contains a wealth of information of interest to a broader
public than the trade community. For instance, the “Know Before You Go” publication
and traveler awareness campaign is designed to help educate international travelers.

The web address of U.S. Customs and Border Protection is http://www.cbp.gov

Customs Regulations

The current edition of Customs and Border Protection Regulations of the United States
is a loose-leaf, subscription publication available from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402; telephone (202)
512-1800. A bound edition of Title 19, Code of Federal Regulations is also available for
sale from the same address. All proposed and final regulations are published in the
Federal Register, which is published daily by the Office of the Federal Register, National
Archives and Records Administration, and distributed by the Superintendent of
Documents. Information about on-line access to the Federal Register may be obtained
by calling (202) 512-1530 between 7 a.m. and 5 p.m. Eastern time. These notices are
also published in the weekly Customs Bulletin described below.

Customs Bulletin

The Customs Bulletin and Decisions (“Customs Bulletin”) is a weekly publication that
contains decisions, rulings, regulatory proposals, notices and other information of
interest to the trade community. It also contains decisions issued by the U.S. Court of
International Trade, as well as customs-related decisions of the U.S. Court of Appeals
for the Federal Circuit. Each year, the Government Printing Office publishes bound
volumes of the Customs Bulletin. Subscriptions may be purchased from the
Superintendent of Documents at the address and phone number listed above.

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Importing into the United States

This publication provides an overview of the importing process and contains general
information about import requirements. The current edition of Importing Into the United
States contains much new and revised material brought about pursuant to the Customs
Modernization Act (“Mod Act”). The Mod Act has fundamentally altered the relationship
between importers and U.S. Customs and Border Protection by shifting to the importer
the legal responsibility for declaring the value, classification, and rate of duty applicable
to entered merchandise.

The current edition contains a section entitled "Informed Compliance." A key component
of informed compliance is the shared responsibility between U.S. Customs and Border
Protection and the import community, wherein CBP communicates its requirements to
the importer, and the importer, in turn, uses reasonable care to assure that CBP is
provided accurate and timely data pertaining to his or her importation.

Single copies may be obtained from local offices of U.S. Customs and Border
Protection, or from the Office of Public Affairs, U.S. Customs and Border Protection,
1300 Pennsylvania Avenue NW, Washington, DC 20229. An on-line version is
available at the CBP web site. Importing into the United States is also available for
sale, in single copies or bulk orders, from the Superintendent of Documents by calling
(202) 512-1800, or by mail from the Superintendent of Documents, Government Printing
Office, P.O. Box 371954, Pittsburgh, PA 15250-7054.

Informed Compliance Publications

U.S. Customs and Border Protection has prepared a number of Informed Compliance
publications in the “What Every Member of the Trade Community Should Know
About:...” series. Check the Internet web site http://www.cbp.gov for current
publications.

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Value Publications

Customs Valuation under the Trade Agreements Act of 1979 is a 96-page book
containing a detailed narrative description of the customs valuation system, the customs
valuation title of the Trade Agreements Act (§402 of the Tariff Act of 1930, as amended
by the Trade Agreements Act of 1979 (19 U.S.C. §1401a)), the Statement of
Administrative Action which was sent to the U.S. Congress in conjunction with the TAA,
regulations (19 C.F.R. §§152.000-152.108) implementing the valuation system (a few
sections of the regulations have been amended subsequent to the publication of the
book) and questions and answers concerning the valuation system.

Customs Valuation Encyclopedia (with updates) is comprised of relevant statutory
provisions, CBP Regulations implementing the statute, portions of the Customs
Valuation Code, judicial precedent, and administrative rulings involving application of
valuation law. A copy may be purchased for a nominal charge from the Superintendent
of Documents, Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-
7054. This publication is also available on the Internet web site of U.S. Customs and
Border Protection.

The information provided in this publication is for general information
purposes only. Recognizing that many complicated factors may be
involved in customs issues, an importer may wish to obtain a ruling under
CBP Regulations, 19 C.F.R. Part 177, or obtain advice from an expert
(such as a licensed Customs Broker, attorney or consultant) who
specializes in customs matters. Reliance solely on the general
information in this pamphlet may not be considered reasonable care.

Additional information may also be obtained from U.S. Customs and Border Protection
ports of entry. Please consult your telephone directory for an office near you. The
listing will be found under U.S. Government, Department of Homeland Security.

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“Your Comments are Important”

The Small Business and Regulatory Enforcement Ombudsman and 10 regional
Fairness Boards were established to receive comments from small businesses about
Federal agency enforcement activities and rate each agency’s responsiveness to small
business. If you wish to comment on the enforcement actions of U.S. Customs and
Border Protection, call 1-888-REG-FAIR (1-888-734-3247).

REPORT SMUGGLING 1-800-BE-ALERT OR 1-800-NO-DROGA

Visit our Internet web site: http://www.cbp.gov

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