MAR-05 RR:CR:SM 560610 RSD
Steven W. Baker, Esq.
0ne Sutter Street
Suite 1004
San Francisco, California 94104-4919
RE: Request for a ruling regarding the country of origin
marking requirements of certain apparel; shirts; shorts; 19
CFR 134.46
Dear Mr. Baker:
This is in response to your letter dated August 7, 1997, on
behalf of Royal Robbins, Inc., requesting a binding ruling
regarding the country of origin marking requirements pertaining
to apparel intended for outdoor activities Samples of the
clothing and proposed hang tags have been submitted for our
consideration.
FACTS:
Royal Robbins is a designer, importer, and wholesaler of
apparel and related accessories intended for outdoor activities.
This apparel is procured from a number of different countries,
primarily located in the Far East. The shirt submitted for our
examination is marked to indicate its country of origin by a
sewn-in label inside the middle of the neck area which has the
phrase "MADE IN PERU" "FAIT AU PERU" printed on it. The brand
name "Royal Robbins" and the shirt size is also indicated on the
same label. The back of this label provides the fiber content
information and care instructions. The submitted shorts are
marked to indicate their country of origin through the use of a
label sewn in at the waist band, which reads "MADE IN HONG KONG
FAIT AU HONG KONG" and also indicates the fiber content of the
garment. Directly above the country of origin label is another
sewn-in label with the brand name "Royal Robins". The size
information is indicated through a third sewn-in label about an
inch to the right of the country of origin marking label. In
addition, the accompanying plastic poly-bag for the garments is
marked "MADE IN HONG KONG".
Royal Robbins has developed a hang tag to be attached to its
products, which it intends to use through the 1997-1998 seasons.
Samples of the hang tags were enclosed with your letter. The
hang tag provides additional information regarding the garments.
One of the features of the hang tag is to supply information on
how to get in touch with the company. This includes a world wide
web address, and telephone numbers with county designations
indicating the country in which that number may be dialed and the
statement "FURTHER REACHES of the GLOBE. The reference to the
"U.S.A. 800-537-9044" is somewhat larger than the number for the
other countries, but no street or city address is provided on the
label. The hang tag attached to the pants also contains a
section that indicates as follows:
"have QUESTIONS or COMMENTS about your ROYAL ROBBINS
Go Everywhere clothing?" "Call our Customer
satisfaction Experts:" (listing of a series of
telephone numbers for use in various countries.)
ISSUE:
Do the country names next to telephone numbers listed on
hang tags attached to imported wearing apparel invoke the
requirements of 19 CFR 134.46?
LAW AND ANALYSIS:
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 goods is
the product. The evident purpose 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 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.
We first note that the country of origin marking on the
sample shirt "MADE IN PERU / FAIT AU PERU" which is printed on a
sewn-in label affixed to the inside center of the neck midway
between the shoulder seams of the shirt is conspicuously located
in that it is easy to find and read. Also, the location of the
country of origin marking on the shirt satisfies the marking
requirements of T.D. 54640(6) which provides that:
...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...
A similar country of origin marking, "MADE IN HONG KONG /
FAIT HONG KONG", which is printed on a sewn-in label affixed to
the center of the inner rear waistband of the sample shorts is
also conspicuously located in that it is easy to find and read.
Also, the location of the country of origin marking on the shorts
satisfies the marking requirements of T.D. 71-264(3) which
provides that:
Trousers, slacks, jeans, and similar wearing
apparel shall be marked to indicate the country of
origin by means of a permanent label affixed in a
conspicuous location on the garments, such as the
inside of the waistband.
Because a proposed hang tag which is to be attached to the
garments contains the names of a number of countries other than
the country of origin of the garments, we must consider whether
the requirements of 19 CFR 134.46 will be triggered. On August
20, 1997, a final rule document, Treasury Decision (T.D.) 97-62
was published in the (62 FR 44211) amending section 134.46 of the
Customs Regulations to the ease the requirement that whenever
words appear on imported articles indicating the name of a
geographic location other than the true country of origin of the
article, the country of origin marking must appear in close
proximity and in comparable size lettering to those words
proceeded by the words "Made in", "Product of" or other words of
similar meaning. The effective date of the Federal Register
Notice was
September 20, 1997. The revised 19 CFR 134.46 reads:
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.
Accordingly, under the revised 19 CFR 134.46, it must be
determined whether the country names printed on the hang tags
names may deceive or mislead the ultimate purchaser regarding the
country of origin of the garments. In several rulings, we have
indicated that geographic names appearing in connection with
imported articles do not necessarily trigger the requirements of
19 CFR 134.46. For example, in HQ 732329 (July 29, 1989) we
ruled that an address on a warranty card did not pose a risk of
confusion or deception to ultimate purchasers. Similarly, in HQ
732816 (November 24, 1989), we ruled that an address printed on
the back of a display ticket giving a customer a place to direct
questions and guarantee problems created no risk of confusion or
deception. The basis of both these rulings was that while the
names and addresses, taken alone, would appear to be the kinds of potentially confusing
information addressed by 19 CFR 134.46, their context was such
that the address information would not mislead or confuse the
ultimate purchaser as to the country of origin of the article.
In other rulings, Customs determined that certain
information provided to enable customers to contact the company
regarding complaints or questions about the product did not
trigger the requirements of 19 CFR 134.46. See, HQ 733840,
February 1, 1991, (where garment hang tags, which included a
telephone number of the company and language which invited the
customer to contact the company for informational purposes, did
not trigger the requirements of 19 CFR 134.46). Similarly, in
the instant case, we find that the references to country names
other than the country of origin, printed on the hang tags, do
not trigger the requirements of 19 CFR 134.46. The U.S. and the
other country names printed on the hang tags do not connote
origin, but rather clearly invite customers to contact the
company with their questions about the product. This is
demonstrated by the fact that telephone numbers are next to the
country names. We believe that the ultimate purchasers of the
garments will understand that the country names are only printed
on the hang tags in order to indicate the telephone numbers to be
used when someone is calling for product information from those
countries. Consequently, the country names next to the telephone
numbers on the hang tags are not likely to confuse or mislead an
ultimate purchaser regarding the country of origin of the
garment.
HOLDING:
The hang tags on which are printed the names of countries
other than the country of origin as well as a telephone numbers
next to those country names and language inviting the consumer to
contact the company with questions do not trigger the
requirements of 19 CFR 134.46. Accordingly, the country of
origin markings on the sample garments are acceptable.
A copy of this ruling letter should be attached to the entry
documents filed at the time the goods are entered. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transactions.
Sincerely,
John Durant, Director
Commercial Rulings Division