MAR-2-05 CO:R:C:V 732329 KG

Jack Ryan
Customs/Import Transportation Department/3M
3M Center
P.O. Box 33250
St. Paul, Minnesota 55133-3250

RE: Country of origin marking requirements on warranty tags

Dear Mr. Ryan:

This is in response to your letter of April 13, 1989, requesting a country of origin ruling on warranty tags to be attached to imported wearing apparel.

FACTS:

You submitted a sample of a 3M warranty tag which is attached to imported wearing apparel containing 3M Thintech waterproof breathable garment inserts. The warranty tag recites the consumer's limited warranty rights and a registration card to be filled out and returned to 3M. The U.S. address of 3M appears below the warranty and near the fold and also on the back of the registration card for mailing purposes.

You state that the garments on which the warranty tags will be attached are imported articles to be brought into the U.S. with the warranty tags attached. For purposes of this ruling, we presume that all imported garments will be properly marked with their country of origin.

ISSUE:

Whether the country of origin of imported wearing apparel must appear on a warranty tag attached to the apparel everywhere a U.S. address appears.

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 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., other than the name of the country or locality in which the article was manufactured or produced, appears 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. The purpose of this section is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the actual origin of the article.

The warranty tag submitted as a sample contained a U.S. address in two locations. The first location is below the recitation of warranty rights. The second location is on a mailer to inform postal authorities where to deliver the warranty registration card. The owner of the purchased article is instructed to send in the warranty registration card and retain the upper portion of the warranty tag for their records. The purpose of printing the U.S. address in the first location is for the owner of the article to have the address of the company offering the limited warranty; this address is not intended to deceive or mislead the ultimate purchaser. However, in order to clarify any possibility of confusion, language indicating that all warranty problems or questions should be sent to the address listed could be printed above the U.S. address on the upper portion of the warranty tag.

The second location of the U.S. address is mailing information for postal authorities. If Customs were to require the printing of a foreign location near the U.S. address, it is likely that postal authorities would be confused as to where to deliver the mail. We have never held that country of origin information is required near a U.S. address printed for mailing purposes.

HOLDING:

It is not required by 19 CFR 134.46 that country of origin information appear beneath a U.S. address printed on a warranty card so long as the U.S. address appears for the purpose of giving the warranty holder a place to direct questions and problems related to the warranty.

Also, 19 CFR 134.46 does not require that country of origin information appear on a mailer where the U.S. address is printed for the purpose of directing postal authorities where to deliver the mailer.


Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch