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):
1407 BROADWAY N.Y.
NEW YORK 110018 USA
1038 West Southern Avenue
Tempe Arizona 85282
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.
LAW AND ANALYSIS:
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