MAR-2-05 CO:R:C:V 735144 RC

Mr. Robert Hornyan
Arizona Customs Brokers
P.O. Box 20082
Phoenix, AZ 85036

RE: Country of Origin Marking - Dresses; 19 CFR 134.46.

Dear Mr. Hornyan:

This is in response to your letter of April 20, 1993, requesting a ruling regarding the country of origin marking requirements for dresses made in India for sale in the U.S. A photocopy of the garment was submitted for examination.


The submitted photocopy depicts the neck area of a garment, which you indicate is a dress, along with an attached hang tag. The dress is marked "MADE IN INDIA" by a sewn-in label at the neck area in lettering of approximately 9 points. (A point is a unit of type measurement equal to 0.01384 inch or nearly 1/72 in., and all type sizes are multiples of this unit). The marking appears just above the garment size. A hang tag is attached to this sewn-in tag. Only one side of the hang tag is visible from the photocopy. On that side of the hang tag the style number and size appear, along with the following U.S. address (in lettering of approximately 9 points):

Show Room NOSTALGIA SUITE-1005 1407 BROADWAY N.Y. NEW YORK 110018 USA WAREHOUSE 1038 West Southern Avenue Tempe Arizona 85282 U.S.A.

The end of the hang tag is partially covered by the garment.


Whether the sample dress's country of origin marking and hang tag satisfy 19 U.S.C. 1304 and 19 CFR Part 134.


The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article or its 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. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Here, the sewn-in tag on the dress properly indicates the country of origin. It is at the nape of the neck midway between the shoulders and is legible, indelible, and permanent.

Section 134.46, Customs Regulations (19 CFR 134.46), provides in relevant part that when "U.S.", "U.S.A.", "America" or the name of any country or locality other than the country of origin appears on an article, the name of the country of origin must appear "in at least comparable size" and "in close proximity" to such letters or words. 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.

Customs rulings interpret the "close proximity" requirement to mean the "same side or surface" where the name of the locality other than the country of origin appears. See HQ 708994 (April 24, 1978). The U.S. reference on the hang tag does not appear on the same side or surface as the country of origin marking. As such, it may confuse or mislead the ultimate purchaser into believing that the garment is an article of U.S. origin. Accordingly, pursuant to 19 CFR 134.46, the name of the country of origin of the dress is required to appear on the same side of the hang tag as the references to the U.S.


The country of origin, "INDIA" preceded by the words "Product of", "Made in", or words of similar meaning, must appear on the hang tag. This country of origin marking and the domestic address must appear on the same side or surface of the hang tag so both may be viewed at the same time.


John Durant, Director