MAR-2-05 CO:R:C:V 733157 RSD
Steve Hill
General Manager
EDSCO Industries, Inc.
P.O. Box 1943
Birmingham, Alabama 35201-1943
RE: Country of origin marking requirements for poly-mesh
baseball caps
Dear Mr. Hill:
This is in response to your letter of February 21, 1990,
requesting a ruling on whether the proposed method of marking the
country of origin on imported poly-mesh baseball caps is
conspicuous and permanent within the meaning of section 304 of
Tariff Act of 1930, as amended (19 U.S.C. 1304).
FACTS:
EDSCO Industries submitted 2 samples of poly-mesh baseball
caps for review. Both caps are red and appear to be identical.
The front part of the cap and bill are made of polyester. The
back of the cap is made of a nylon mesh with an adjustable
plastic snap band which allows for adjustments for different
head sizes. A white fabric label is sewn on the lower inside at
the back of the cap. The front of the label states in black
lettering "ONE SIZE FITS ALL." The back of the label indicates:
100% POLYESTER
100% NYLON MESH
MADE IN CHINA
There is no other marking of any kind on the samples.
ISSUE:
Is the country of origin marking on the back of a sewn in
label permanent and conspicuous enough to satisfy the
requirements of 19 U.S.C. 1304?
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. As provided in section 134.41(b), Customs
Regulations (19 CFR 134.41(b)), the country of origin marking is
considered conspicuous if the ultimate purchaser in the U.S, is
able to find the marking easily and read it without strain.
That section further provides 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.
The sewn in country of origin label is securely attached to
the cap and therefore satisfies the permanency requirement of 19
U.S.C. 1304 and 19 CFR 134.41(b). However, the country of origin
marking on the back of the label is not conspicuous within the
meaning of these provisions. In ruling letters HQ 724694 (March
6, 1984) and HQ 731727 (June 16, 1989), Customs ruled that a
country of origin marking on the back of a label is not easy to
find and is therefore not conspicuous. The ultimate purchaser
should not have to fold over the label to read the country of
origin marking. In accordance with those rulings, we find that
because the country of origin marking on the baseball caps is on
the back of the label it is not conspicuous.
HOLDING:
The country of origin marking for the baseball cap on a
sewn in label satisfies the permanency requirement of 19 U.S.C.
1304 and 19 CFR 134.41(b). However, the country of origin
marking on the back of a sewn in label is not conspicuous within
the meaning of these provisions.
Sincerely,
Marvin Amernick
Chief, Value, Special Programs
and Admissibility Branch