MAR-2-05 CO:R:C:V 734783 AT
Mr. Mark Harris
Accessory Coordinator
Umbro U.S.A.
25 East Court Street
Greenville, South Carolina 29608
RE: Country of origin marking of imported soccer balls;
U.S. locality; close proximity; 19 CFR 134.46
Dear Mr. Harris:
This is in response to your letter dated August 19, 1992,
requesting a ruling regarding the country of origin marking on
imported soccer balls. Two sample soccer balls and photographs
were submitted with your letter for review.
FACTS:
You indicate that your company intends to import soccer
balls from either Pakistan or Denmark. Each soccer ball will be
decorated with a foreign country's flag and colors throughout the
panels of the ball and will have "94" screen printed in two
locations. You indicate that the country represented on each
ball will be different than the actual country of manufacture.
The two sample soccer balls both have a single country's flag and
colors (U.S.A. or Brazil) and "94" is screen printed in two
locations on the ball. Each of the sample balls are stamped with
the marking that you seek approval marked with the marking
throughout the panels. Both are also of the are designed with
is a multi-colored nylon bag with zippers at the top and left
side panel. A hand strap and shoulder strap are also attached to
the top and side panels of the bag. The phrase "USA 94" is
printed on the top panel of the bag in blue lettering. The side
panels of the bag are printed with the phrase "USA Umbro 1994" in
red lettering. The phrase "94 to America" appears on the bottom
of the bag in white lettering. The phrases employed on the bag
are screen printed onto the bag in various print sizes and types.
A fabric label is sewn into the inseam of the bag about 5 inches
down from the top of the bag. The words "Charlestown, MA" are
printed on the middle of the label in purple lettering
approximately 4.5 point (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). Directly below, on the bottom of the
label, the words "Made in Taiwan, R.O.C." are printed in purple
lettering approximately 6 point.
ISSUE:
Whether the country of origin marking on the sample soccer
bag, as described above, satisfies the marking requirements set
forth in section 304 of the Tariff Act of 1930, as amended.
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, 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. Section 134.41, Customs Regulations (19 CFR
134.41), provides that 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 C.S.D. 89-91 (March 31, 1989), Customs determined that
handbags should be marked by means of a fabric label sewn to the
lining in a conspicuous place. In that case, the fabric label
which was sewn into the inside seam of a suitcase was conspicuous
because a potential purchaser would unzip the luggage and inspect
the interior before making a purchase. Such inspection would
immediately reveal the fabric label sewn into the inner seam.
Similarly, in this case, a potential purchaser of the soccer bag
would unzip the bag in order to inspect the interior before
making a purchase. Based upon a visual examination of the bag,
we find that the fabric label marked with the country of origin
could be easily found by an ultimate purchaser upon opening the
bag since the label is not deep inside the bag and is marked with
the country of origin "Made in Taiwan, R.O.C." in a letter size
(approximately 6 point) which is legible and can be easily read
without strain.
The second issue presented in this case is whether the
marking "Made in Taiwan, R.O.C." printed on the label is an
acceptable country of origin marking due to the fact that U.S.
references appear on both the fabric label and outside panels of
the bag (top, side panels and bottom).
In determining whether the marking is acceptable, Customs
will take into account the presence of words or symbols on an
article which may mislead the ultimate purchaser as to the
country of origin. Consequently, if the words "United States,"
or "America," the letters "U.S.A.," any variation of such words
or letters, or the name of any city or locality other than the
country of origin appear on the imported article, special marking
requirements are triggered.
Section 134.46, Customs Regulations (19 CFR 134.46),
requires that when the name or city 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.
The application of the special marking requirements set
forth in section 134.46 is triggered by the presence of the words
"Charlestown, MA" printed on the fabric label and the phrases
"USA 94" printed on the top, "USA Umbro 1994" printed on the side
panels" and "94 to America" printed on the bottom of the bag.
Examination of the fabric label reveals that the country of
origin marking "Made in Taiwan" printed directly below in
lettering approximately 6 point is in close proximity to the U.S.
reference "Charlestown, MA" printed in lettering approximately
4.5 point and is in at least a comparable size. Accordingly, the
fabric label satisfies the marking requirements of section 134.46
and it is an acceptable country of origin marking.
With respect to the U.S. references printed on the outside
panels of the bag, as described above, we find that the special
marking requirements set forth in section 134.46 are not
triggered. In HQ 732412 (August 29, 1989), Customs considered
whether jeans with the word "Kansas" on a fabric label attached
to the rear right pocket "Kansas Jean" on rear pocket snaps,
"Kansas" and "Kansas Jeans Navy Wear" printed on a leather label
attached to the front right pocket, and a stylized "K" and the
word "J. Kansas" decorating the front button, but marked with
their country of origin on a fabric label sewn to the waistband,
met the country of origin marking requirements of 19 CFR 134.46.
Noting that Customs often distinguished those special cases in
which the circumstances were such that reference to a place other
than the country of origin on an imported article would not
confuse the ultimate purchaser as to the true country of origin,
i.e., design/decoration use of locality name, and finding that
the country of origin marking was conspicuous in that it appeared
in a usual place, in lettering sufficient to be easily found and
read, Customs determined that the U.S. references did not trigger
the marking requirements of section 134.46. See also, HQ 723604
(November 3, 1983) ("USA" letters on men's bikini-style swimming
trunks did not trigger marking requirements of 19 CFR 134.46
because such marking was used as a symbol or decoration and would
not be reasonably construed as indicating the country of origin
of the article).
Similarly, in this case, we find that the U.S. references
printed on the outside panels of the soccer bag would not be
reasonably construed by the ultimate purchaser as being the
country of origin of the bag but would in fact only be considered
as being part of the design of the bag itself. Also, as stated
above, the bag is conspicuously marked with the country of origin
by means of a fabric label sewn into the inseam of the bag.
Accordingly, the special marking requirements provided in section
134.46 are not triggered.
HOLDING:
The submitted sample soccer bag marked with the country of
origin, in the manner described above, satisfies the country of
origin marking requirements of 19 U.S.C. 1304 and 19 CFR Part
134.
Sincerely,
John Durant, Director