CBP Issues Revised ICP on Marking Requirements for Wearing Apparel

The publication was prepared by the National Commodity Specialist Division and is a study of the marking requirements for wearing apparel to provide guidance regarding marking requirements for imported merchandise. The ICP was first issued in September 1999, revised in January 2004, and revised in July 2006.

Highlights of this revised ICP include the following:

General requirements for country of origin marking. The revised ICP states that 19 USC 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 the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Country of origin marking requirements for wearing apparel. According to the revised ICP, 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.

In the case of garments that cover the upper torso such as shirts, blouses, coats, sweaters, dresses and similar apparel, the country of origin marking must be placed on the "inside center of the neck midway between the shoulder seams or in that immediate area".

"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 the waistband". This principle would apply as well to shorts, skirts and similar garments.

Special origin marking rulings. The revised ICP contains information on special marking rulings for: screen printed marking; reversible garments; men's or ladies' two or three piece suits; men's dress shirts packaged in transparent poly bags; garment and belt made in the same country and imported and sold together as a unit; bulk packages of work gloves (usually 1 dozen pairs to a poly bag); neckties and scarves; socks; textile belts; 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 and; wearing apparel sold without normally being opened by the ultimate purchaser in sealed packages.

(The revised ICP contains addition information on marking when the name of the country or the locality other than the country of origin appears.)

The Textile Fiber Identification Act and the Wool Products Labeling Act. The revised ICP also contains additional information on the Textile Fiber Identification Act and the Wool Products Labeling Act. These acts, enforced by the Federal Trade Commission (FTC), require the following information in English be included for marking or labeling purposes (partial list):

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

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 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 Registered Identification Numbers (RN) or Wool Products Labeling (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

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"

(See ITT's Online Archives or 01/31/00 news, 00012805, for BP summary of the ICP when it was first issued.)

ICP on marking requirements for wearing apparel (revised July 2006) available at http://www.cbp.gov/linkhandler/cgov/toolbox/legal/informed_compliance_pubs/icp039.ctt/icp039.pdf