MAR-2-05 CO:R:C:V 734531 RSD

Ms. Laura Deniz, Import Manager
Evans and Wood & Co.
P.O. Box 610005
D/FW Airport, Texas 75261

RE: Country of origin marking of a plastic bag used to package wash clothes; conspicuous; containers; close proximity; 19 CFR 134.41, 19 CFR 134.46

Dear Ms. Deniz:

This is in response to your letter of February 18, 1992, sent to the Customs District office in Dallas, regarding the country of origin marking requirements for plastic bags used to package washcloths, kitchen towels, and other similar products. The Dallas District forwarded your letter to Customs headquarters for a response. Accompanying your letter of June 24, 1992, was a sample plastic bag used to package washcloths for our review. We regret the delay in responding.

FACTS:

Your client, Win-Tex Products of French Settlement Dallas, Texas intends to import washcloths, dishcloths, kitchen towels and other similar products through the port of Dallas. These products are made in China. The sample package is a plastic bag designed to contain 12 wash cloths. The front of the package gives information regarding the number of washcloths in the bag, 12, the fiber, 100% cotton, and the size, 11" x 11". The back of the bag provides the care instructions. There is also information that the product is "Distributed by Dayton Hudson Corporation Minneapolis, Minnesota 55402". The back of the package also has the bar code. Beneath the bar code is the country of origin marking, "Made in China". The country of origin marking is in blue letters of about an 1/8 inch against a gray background. The reference to the Minneapolis, Minnesota and country of origin marking can be seen in one viewing of the back of the package. You also request information on the Textile Fiber Identification Act.

ISSUE:

Is the sample plastic bag conspicuously marked to satisfy the country of origin marking law?

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). C.A.D. 104 (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.

In HQ 733940, October 24, 1991, involving the country of origin marking of pens, we indicated that there are certain factors that need to be considered in determining if the country of origin marking on an article is conspicuous within the meaning of 19 CFR 134.41 and 19 U.S.C. 1304. Among the factors that should be considered is the size of the marking, the location of the marking, whether the marking stands out, and the legibility of the marking. The size of the marking should be such that the ultimate purchasers can easily see the marking without strain. The location of the marking should be in a place on the pen where the ultimate purchaser could expect to find the marking or where he/she could easily notice it from a casual inspection. Whether the marking stands out is dependent on where it appears in relationship to other print on the article and whether it is in contrasting letters to the background. The legibility of the marking concerns the clarity of the letters and whether the ultimate purchaser could read the letters of the marking without strain. No single factor should be considered conclusive by itself in determining whether a marking meets the conspicuous requirement of 19 CFR 134.41 and 19 U.S.C 1304. Instead, it is the combination of these factors which determines whether the marking is acceptable. In some cases, a marking may be unacceptable even when it is in a large size because the letters are too hard to read or it is in a location where it would not be easily noticed. In other cases, even if the marking is small, the use of contrasting colors, which make the letters particularly stand out, could compensate to make the marking acceptable. The same factors can be applied to determine if the country origin marking on the sample plastic bag for the washcloths satisfies the conspicuous requirement of 19 U.S.C. 1304 and 19 CFR 134.41. In this case, the country of origin is small, less than an 1/8 inch, but other factors compensate to make it minimally adequate. We particularly observe that it is in a contrasting color against its background. We find that the ultimate purchaser would be able to find the marking from a casual inspection of the package. A person with normal vision could read the marking without strain. Accordingly, although the marking is not to be exemplary, nevertheless we find it to be acceptable.

We also note that because the plastic bag has the name of a United States locality, Minneapolis, Minnesota, printed on it the requirements of 19 CFR 134.46 are triggered. 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 imported goods. Customs has specifically ruled that in order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surfaces(s) in which the name of the locality other than the country of origin appears. HQ 708884, April 24, 1978.

In this case, we find that the requirements of 19 CFR 134.46 have been satisfied by the country of origin marking. The marking is on the same side of the bag and it is in a comparable size as the name of the locality Minneapolis, Minnesota. It is also preceded by the words "Made in". Therefore the marking is acceptable.

You also inquire about the Textile Fiber Identification Act. Questions regarding the Textile Fiber Identification Act are within the authority of the Federal Trade Commission, and we suggest that you contact the Commission. The address is Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20580. HOLDING:

The country of origin marking on the sample plastic bag satisfies the requirements of 19 CFR 134.41. The country of origin marking also satisfies the requirements of 19 CFR 134.46. The country of origin marking on sample bag is therefore acceptable.

Sincerely,

John Durant, Director
Commercial Rulings Division