HQ 0731061 - Country of origin marking on hang tags for gloves - United States International Trade Commision Rulings

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HQ 731061

July 28, 1988

MAR-2-05 CO:R:C:V 731061 LW

CATEGORY: MARKING

Mr. J.M. Hopkins
Manager of Purchasing and Traffic
Edmont Becton Dickinson
Box 6000
Coshocton, OH 43812-6000

RE: Country of origin marking on hang tags for gloves

Dear Mr. Hopkins:

This is in response to your letter dated February 17, 1988, on behalf of Edmont Becton Dickinson (the importer), regarding country of origin marking requirements for several styles of gloves either manufactured abroad or assembled abroad from U.S. cut parts and sold at retail with hang tags applied to the gloves for display purposes.

FACTS:

You state that the gloves will be marked with the country of origin by use of hang tags, and either sewn in labels or permanent ink stamps which also indicate the country of origin. Some gloves may be marked only by a hang tag without sewn in labels or ink stamps. The hang tag is formed by a piece of cardboard folded over so that one side is longer than the other. The shorter portion of the hang tag (the back) will be folded over three glove cuff sides and stapled to the gloves. The country of origin is marked in letters of comparable size to the importer's U.S. address which also appears on the shorter side of the hang tag. The longer side (the front) describes and displays the function of the glove and indicates the glove size. The gloves are either manufactured abroad, or assembled abroad from U.S. parts. Accordingly, one sample hang tag is marked "Made in Taiwan," another, "Made in China," and a third one is marked "U.S. Parts Assembled in Barbados."

ISSUE:

Is use of a hang tag to mark the country of origin on a glove pair sufficient to comply with country of origin marking requirements when the glove pair also has a sewn in label or an ink stamp which indicates the country of origin?

Is use of only a hang tag to mark the country of origin on a glove pair sufficient to comply with country of origin marking requirements?

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930 as amended, (19 U.S.C.1304), requires that, unless excepted, every article of foreign origin (or its container) imported into the United States 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 the English name of the country of origin of the article.

Customs has previously ruled that imported gloves must be legibly and conspicuously marked to indicate the country of origin by means of an ink stamp, or a label permanently sewn or glued near the hem or cuff of the glove in reasonable proximity to the size marking. Easily removable adhesive labels are not acceptable. It is also acceptable to mark the country of origin on cloth or vinyl work or garden gloves by means of a heavy paper folder used to securely fasten together the pair of gloves, which shows the country of origin in a legible and conspicuous manner. T.D. 75-222, September 4, 1975.

In view of these determinations marking each glove pair with the country of origin legibly and conspicuously by means of a sewn in label or an ink stamp and a hang tag complies with the requirements of 19 U.S.C. 1304. However, if the glove pair has a sewn in label indicating the country of origin, but the hang tag does not show the country of origin, the glove pair would not be validly marked since the country of origin would not be readily available and conspicuous to the ultimate purchaser. See HQ 709325 JB; July 31, 1978.

In regard to the placement of the country of origin on the hang tag, section 134.46, Customs Regulations (19 CFR 134.46), requires that when the words "U.S.," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appear 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. Based on the samples submitted, marking the country of origin at the top of the shorter side of the hang tag is in compliance with 19 CFR 134.46.

While placing the country of origin on the same side of the tag as the importer's U.S. address complies with 19 CFR 134.46, it is our opinion that marking the country of origin on the shorter side of the hang tag is not conspicuous in certain situations. The hang tags are designed so that the longer side of the tag which displays the function of the glove, and the glove size will face forward, while the shorter side of the tag with the country of origin will face backward. The front of the tag attracts the consumer's attention, not the back. When the gloves are ink stamped with the country of origin, if the hang tag obscures the ink stamp, to be conspicuous the country of origin marking on the hang tag must be placed on the front of the hang tag, in reasonable proximity to the glove size. If the hang tag does not obscure the ink stamp country of origin marking, then marking the country of origin on the back of the hang tag is acceptable. Similarly, if the sewn in label is not conspicuously placed near the glove's cuff, nor easily accessible to the ultimate purchaser, then the country of origin must be placed on the front of the hang tag. However, if the U.S. address remains on the back, the country of origin must also be marked on this side in compliance with 19 CFR 134.46.

With regard to the second issue, as indicated above, Customs has previously ruled that cloth or vinyl work or garden gloves may be marked to indicate the country of origin by means of a heavy paper folder used to securely fasten together the pair of gloves, as long as the country of origin is shown in a legible and conspicuous manner, and in compliance with 19 CFR 134.46. As mentioned above, because the front of the tag draws the attention of the ultimate purchaser, it is our opinion that when there is no other country of origin marking on the glove, to be conspicuous, the country of origin must be marked on the front of the hang tag in reasonable proximity to the glove size. If the U.S. address remains on the shorter side, the country of origin must also be marked on this side in compliance with 19 CFR 134.46.

In addition, you indicate that some of the gloves are assembled abroad from U.S. parts, and imported back into the U.S. Marking the country of origin using the phrase "U.S. Parts Assembled in ..." is in accordance with section 10.22, Customs Regulations (19 CFR 10.22), which provides that the country of
assembly is considered the country of origin. This section further provides that if an imported assembled article is made entirely of American-made materials, the U.S. origin of the material may be disclosed by using a legend such as "Assembled in... from material of U.S. origin," or a similar phrase.

HOLDING:

With regard to the first issue, in view of the above considerations, it is our opinion that marking each glove pair with the country of origin legibly and conspicuously by means of a sewn in label or an ink stamp and a hang tag complies with the requirements of 19 U.S.C. 1304. However, even if the country of origin is marked by a sewn in label or an ink stamp, if the hang tag does not identify the country of origin the gloves will not be considered validly marked. We further find that if the hang tag obscures the ink stamp, then the country of origin marking on the hang tag must be placed on the front of the hang tag, preferably next to the glove size, to comply with Customs marking requirements. Similarly, if the sewn in label is not conspicuously placed near the cuff of the glove, nor easily accessible to the ultimate purchaser, then the country of origin must be placed on the front of the hang tag. If the U.S. address remains on the shorter side, the country of origin must also be marked on this side in compliance with 19 CFR 134.46.

Concerning the second issue, if the country of origin is marked legibly and conspicuously, on the front of the hang tag in reasonable proximity to the glove size, marking the gloves by using hang tags alone complies with country of origin marking requirements. If the U.S. address appears on the back of the tag, the country of origin must also be marked on this side to comply with 19 CFR 134.46.

In addition, the gloves made from U.S. parts and assembled abroad are properly marked in accordance with 19 CFR 10.22 which permits disclosure of the U.S. origin of the material.

Sincerely,

Marvin M. Amernick

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