MAR-2-05 CO:R:V:C RSD
Knox H. White, Esq.
Haynsworth, Marion, McKay & Guerard
75 Beattie Place
Two Shelter Centre-Eleventh Floor
Greenville, South Carolina 29602
RE: Country of origin marking on soccer balls; 19 CFR 134.46
Hand Stitched in-unacceptable wording
Dear Mr. White:
This is response to your letter dated June 20, 1990,
requesting a ruling regarding the country of origin marking on a
prospective importation of soccer balls.
FACTS:
Your client, Umbro USA, is the distributor of soccer balls
made for Select Sports A/S, a company located in Denmark.
Although you indicated that the balls are hand stitched in
Pakistan and that in some cases, the balls are further processed
in Denmark, you have furnished no details of the manufacturing
process. For purposes of this ruling, we will assume that
Pakistan is the country of origin of the balls.
The marking that you seek approval for is stamped on the
ball with words in a circular fashion. The outer part of the
circle reads "MANUFACTURED EXCLUSIVELY FOR SELECT DENMARK."
Inside the circle the words "HAND STITCHED IN PAKISTAN" appear.
The lettering in the country names Denmark and Pakistan are about
the same size.
ISSUE:
Does the country of origin marking on a soccer ball satisfy
the requirements of 19 U.S.C. 1304 and 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 State v. Friedlaender & Co., 27
C.C.P.A. 297 at 302.
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, Customs Regulations
(19 CFR 134.41), the country of origin marking is considered to
be conspicuous if the ultimate purchaser in the U.S. is able to
find the marking easily and read without strain.
In addition, section 134.46, Customs Regulations (19 CFR
134.46), requires that when the name of any city or locality in
the U.S., or the name of any foreign country or locality other
than the name of the country or locality in which the article was
manufactured or produced, appear on an imported article or its
container, 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 ruled that in order to satisfy the close proximity
requirement, the country of origin marking must appear on the
same side(s) or surface(s) in which the name of the locality
other than the country of origin appears (HQ 708994, dated April
24, 1978). The purpose of 19 CFR 134.46 is to prevent the
possibility of misleading or deceiving the ultimate purchaser as
to the origin of the imported article.
In this case, because the soccer ball is stamped with a
country name, Denmark, which is not the country of origin, the
requirements of 19 CFR 134.46 are triggered. Although a
prominent reference to Denmark on a ball made in Pakistan is
potentially misleading, Denmark can remain on the ball if the
country of origin of the soccer ball is clearly indicated and
the requirements of 19 CFR 134.46 are met. The marking "Hand
Stitched in Pakistan" appears on the same side as, and is
visible at the same time as, the word Denmark. Therefore, the
close proximity requirement of 19 CFR 134.46 is satisfied. The
country of origin marking is in comparable sized lettering as
Denmark. However, we find that the term "HAND STITCHED" is not
words of similar meaning to "Made In" or "Product Of." Since the
production of a soccer ball necessarily involves other operations
in addition to hand stitching, we find that the words "HAND
STITCHED IN PAKISTAN" will not sufficiently inform the ultimate
purchaser that the ball is made in Pakistan. The words "HAND
STITCHED" can remain on the ball as an indication of the quality
of the ball, but the words "MADE IN," "PRODUCT OF," or other
words of similar meaning must precede the country name Pakistan
in order to inform the ultimate purchaser that the country of
origin of the soccer ball is Pakistan.
HOLDING:
The country name Denmark can remain on the soccer balls as
long as the country of origin is clearly indicated and the
requirements of 19 CFR 134.46 are met. The marking "HAND
STITCHED IN PAKISTAN" satisfies the close proximity and
comparable sized lettering requirements of 19 CFR 134.46.
However, the term "HAND STITCHED IN" does not satisfy the
requirement that the country of origin marking must be preceded
by "MADE IN," or "PRODUCT OF," or other words of similar meaning.
The term "HAND STITCHED" may appear on the ball as long the
country of origin marking is preceded by "MADE IN," "PRODUCT OF,"
or other words of similar meaning.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibly Branch
cc: District Director of Customs
Charleston, South Carolina