MAR-2-05 CO:R:C:V 732899 NL
Jane B. O'Dell
Senior Manager
Peat Marwick Main & Co.
2001 M Street, N.W.,
Washington, D.C. 20036
RE: Hang Tags on Apparel Otherwise Marked with Country of Origin
Dear Ms. O'Dell:
This is in response to your letter of November 17, 1989, in
which you request a ruling on the country of origin marking of
wearing apparel imported by your client, Patagonia, Inc.
FACTS:
The clothing is imported in sealed polybags. Information as
to size, style, care, fabric content, country of origin and the
name of the manufacturer is printed on the outside of the bag.
You state that the articles are delivered to purchasers in the
polybags when sold by mail order, but may be removed from the
bags when displayed for retail sale.
As shown by the samples submitted, the articles themselves
are marked with their country of origin by means of sewn-in
labels. On the sample shirt the label is on the back of the
collar, while on the sample shorts and trousers the label is on
the waistband. Attached to the clothing is a hang tag which is a
rectangle, folded in half and printed on the front side with a
picture. The back of the tag is printed with the size of the
garment, company name and copyright, and the article's country of
origin. The inside of the tag, i.e., inside the folded halves,
is printed (in several languages including English), with
marketing information, including a statement of company policy
and standards, a warranty, a telephone number to call with
questions and comments, and addresses to write for a mail order
catalogue.
When the clothing is sold in polybags the catalogue
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addresses are not visible. When the garment is hung for retail
display the addresses are not visible unless the hang tag is
opened.
ISSUE:
Does 19 CFR 134.46 require that the country of origin of the
article appear on the inside of the hang tag next to the
addresses to which a purchaser may write for a catalogue?
LAW & 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.
Part 134, Customs Regulations (19 CFR Part 134) implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304.
Section 134.46, Customs Regulations (19 CFR 134.46),
provides that in any instance in which the name of a city or
locality in the U.S., or the name of any foreign country or
locality other than the country or locality in which the article
was manufactured appears on an imported article or its container,
the name of the country of origin of the article shall appear in
close proximity and in at least a comparable size, preceded by
the words "Made in", "Product of", or other words of similar
meaning. The purpose of section 134.46 is to prevent the
ultimate purchaser of an article from being misled or deceived as
to the country of origin of an article.
Upon examination of the submitted samples, it is our opinion
that the marking of the articles' country of origin on the back
of the hang tag is in close proximity to the addresses on the
inside of the tag, and that the requirements of section 134.46
have been met. Although close proximity is generally interpreted
to mean the same surface, same surface marking is not required
here because the ultimate purchaser of the apparel will be given
a clear indication of the country of origin of the article from
the markings on the article itself, the plastic polybag, and on
the back of the hang tag, and will likely see these markings
before reading the inside of the hang tag. Therefore, the
purpose of the regulation is satisfied by marking the country of
origin on the back of the hang tag.
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HOLDING:
The country of origin marking requirements of section
134.46, Customs Regulations, are satisfied if the country of
origin of the article is marked on the back side of a hang tag
whose inner page contains an address referring to a country other
than the country of origin of the article.
The samples you submitted are being returned to you under
separate cover.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch
cc: District Director,
Los Angeles