MAR-2-05 CO:R:C:V 735112 RC
Mr. Allan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C.
67 Broad Street
New York, NY 10004
RE: Country of origin marking for Sweatshirts; Conspicuous
Place; Hang Tags.
Dear Mr. Kamnitz:
This is in response to your letter dated April 12, 1993,
requesting a ruling on the country of origin marking requirements
for hang tags on sweatshirts assembled in the Dominican Republic
of U.S. components.
FACTS:
Your client imports into the U.S. sweatshirts assembled in
the Dominican Republic of U.S. components. You advised us by
telephone, on October 21, 1993, that the sweatshirts will be
eligible for marking in accordance with section 10.22, Customs
Regulations, (19 CFR 10.22). You submitted a sample sweatshirt
for our review. A tag sewn-in at the neck area midway between
the shoulders indicates "ASSEMBLED IN DOMINICAN REPUBLIC OF
U.S.A. COMPONENTS" in contrasting colors and in lettering of
approximately 9 points. (A point is a unit of type measurement
equal to 0.01384 inch or nearly 1/72 inch, 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. On
one side of the hang tag, the design name "SASSON SPORT" appears.
On the opposite side of the hang tag, the following words appear:
MONSANTO FULL 18 MONTH
WARRANTY
MONSANTO WARRANTS THAT THIS GARMENT WILL BE REPLACED OR
YOUR MONEY REFUNDED IF IT FAILS TO GIVE NORMAL WEAR FOR
A FULL 18 MONTHS. RETURN IT POSTAGE PREPAID WITH THIS
TAG AND SALES SLIP TO MONSANTO CO., P.O. BOX 2233,
DECATUR, AL 35609-2233. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
The warranty, which includes the U.S. address, appears in
lettering of approximately 5 points. Off to the side of the
warranty on the sample hang tag, the following words appear:
"WITH FIBER BY, MONSANTO, MADE IN USA". The words "MADE IN USA"
appear in lettering of less than 5 points. On October 21, 1993,
we discussed with you by telephone, the potentially confusing
nature of the "MADE IN USA" reference. You assured us that hang
tags printed with the phrase "WITH FIBER BY, MONSANTO, MADE IN
USA" will no longer be used. As such, any issues related to this
U.S. reference are moot.
ISSUE:
Whether the sample sweatshirt'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.
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 appear 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. 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).
It is our opinion that the sewn-in tag on the sweatshirt
properly indicates the country of origin because it is at the
nape of the neck midway between the shoulders and appears
legibly, indelibly, and permanent.
With regard to the hang tag, Customs has determined that
when a manufacturer or importer makes a statement warranting the
quality of a foreign manufactured product and includes a U.S.
address as part of the warranty text, the domestic address does
not trigger the requirements of 19 CFR 134.46. See HQ 733840
(February 1, 1991); HQ 732329 (July 12, 1989); HQ 732816
(November 24, 1989). The domestic address, when appearing as
part of a warranty claim, does not confuse or mislead the
ultimate purchaser. Likewise, we believe the domestic address on
the hang tag here, without the words "MADE IN USA", will not
confuse or mislead the ultimate purchaser. As such, the
reference does not trigger the requirements of 19 CFR 134.46.
HOLDING:
The markings on the sample sweatshirt and attached hang tag,
after removal of the words "MADE IN USA", will satisfy the
requirements of 19 U.S.C. 1304 and 19 CFR Part 134.
Sincerely,
John Durant, Director