MAR-2-05 CO:R:C:V 734222 RSD
Area Director
New York Seaport
United States Customs Service
6 World Trade Center
New York, New York 10048-0945
RE: The country of origin marking requirements for a vinyl belt
and cotton woven shorts that are imported and sold together and
made in the same country; sets, T.D. 91-7, ORR Ruling 331-69,
HQ 722549
Dear Madam:
This is in response to your memorandum, IA 33/91, dated June
14, 1991, requesting internal advice on the country of origin
marking requirements for a vinyl belt and shorts made in the
same country and that are imported and sold together. A sample
of the merchandise was received for our consideration.
FACTS:
The merchandise consists of cotton woven shorts and a vinyl
belt, each of which is made in Bangladesh. The belt is not of
the same fabric or design as the shorts.
There is a difference in opinion among National Import
Specialists as to whether the belts must be individually marked
to indicate their country of origin if the shorts are acceptably
marked and both the shorts and the belts are made in the same
country. One opinion indicates that both the shorts and the
belts should be individually marked to indicate their country of
origin. This opinion places great emphasis on the language of
the marking law which states "every article of foreign origin
imported into the United States shall be marked." Because the
belts and shorts are separate articles, it is felt that they both
should be individually marked with their country of origin. It
is thought that if only the shorts are marked with the country of
origin, the ultimate purchaser might not be aware that the belt
and shorts are made in the same country. The ultimate purchaser
might assume that the unmarked belt would be of U.S. origin or
could wonder about the origin of the belt.
The other position is that a common sense approach should be
used in determining which items in a set should be marked. The
ultimate purchaser would recognize the country of origin of both
articles by requiring only one marking on the shorts. This is
because the belts and shorts are bought and sold as one unit.
Requiring that both the shorts and belts be individually marked
would impose a new and additional expense on the importing
community. It is also pointed out that when a garment and a belt
are imported and sold together most field import specialists have
indicated that they require that only the garment be marked with
the country of origin.
ISSUE:
Does a vinyl belt which is imported and sold together with
shorts have to be individually marked to indicate its country
origin, if both the belt and the shorts are made in the same
country?
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.
The ultimate purchaser is generally the last person in the United
States who will receive the article in the form in which it was
imported. (Section 134.1 Customs Regulations (19 CFR 134.1)).
In T.D. 91-7, January 16, 1991, Customs indicated that for
purposes of 19 U.S.C. 1304, the relevant inquiry regarding the
marking of the material or components in a collection, such as
shorts and a belt, is whether such items have been substantially
transformed as result of their inclusion in the set, mixture, or
composite good. However, we also indicated in T.D. 91-7 that in
certain circumstances the marking of every item in a collection
of goods may not be consistent with the purpose of the marking
statute, or may be impractical and/or undesirable. This may be
because one or more items in the collection are relatively
insignificant and would have no influence on the purchasing
decision, because the items in the collection are too numerous
making it impractical to specify the country of origin of each
item, or for various other reasons. Therefore, Customs will
continue to employ a "common sense" approach to determine the
marking requirements applicable to articles which comprise a
collection of goods.
In several previous cases, where all items of a "set" were
made in the same country, Customs has indicated that it was not
necessary to separately mark each item in the set if marking one
item will clearly indicate the country of origin of all the items
in the set to the ultimate purchaser. In ORR Ruling 331-69,
October 14, 1969, Customs indicated that a legible and
conspicuous country of origin marking in the jacket of a suit
will reasonably indicate the country of origin of a two or three
piece men's or ladies' suits made in the same country. HQ
722549, February, 16, 1984, concerned the country of origin
marking requirements for a communication terminal consisting of
an electronic telephone with memory, calculator calendar digital
time clock, and desk blotter. All of these items were assumed to
be a product of Canada. We stated that it was not necessary to
mark each component individually if only one country of origin
marking appeared in such a way that on assembly such marking was
clear and conspicuous to a prospective purchaser examining the
system on display.
In this case, the belts and the shorts are also made in the
same country. In accordance with ORR Ruling 331-69 and HQ
722549, we find that because the shorts and the belt are sold
together as a unit, if the shorts are properly marked to indicate
their country of origin, the ultimate purchaser would reasonably
conclude that the belt was made in the same country. In other
words, where the shorts and belt are made in the same country,
marking the shorts with the country of origin will reasonably
indicate to the ultimate purchaser the country of origin of the
belt as well. Therefore, if the shorts are clearly marked to
indicate the country origin, then the separate marking of the
belt is unnecessary and superfluous. If the vinyl belt and
shorts are not made in the same country, then separate marking of
the belt is required. See HQ 733964, April 2, 1991.
HOLDING:
A belt which is imported and retailed together with a pair
of shorts does not have to be separately marked to indicate its
country of origin, if the belt and the shorts are made in the
same country and the shorts are properly marked to indicate the
country of origin.
Sincerely,
John Durant, Director
Commercial Rulings Division