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HQ 731727

June 16, 1989

MAR-2-05 CO:R:C:V 731727 KG

CATEGORY: MARKING

Colleen Bartoul
Steele's Sports Company
1044 Vivian Drive
Grafton, Ohio 44044

RE: Country of origin marking requirements for sporting goods

Dear Ms. Bartoul:

This is in response to your letter of August 30, 1988, requesting a ruling on whether your proposed method of marking various sporting good items satisfies section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304). We regret the delay in responding to your inquiry.

FACTS:

Steels's Sports Company ("the importer")submitted 6 items for review. The items included 5 athletic bags and a batting glove. The bags were packaged and marked in one of two different ways. The first method of packaging is wrapping the athletic bag in a plastic container with a paper insert that is closed at the top with a piece of cardboard stapled to the plastic. The insert has an illustration of the bag and the U.S. address of the importer printed in royal blue lettering on a light background. The dark blue cardboard has the importer's name and emblem across it in white print and is marked "Made in Taiwan" in the lower right hand corner in white print.

The second method of packaging is wrapping the athletic bag in a removable plastic bag. These bags are marked with a fabric tag attached to the athletic bag about 1 1/2 inches long marked with the name of the company on the front and "Made in Taiwan" on the back of the tag close to the seam.

The batting glove is packaged in a paper container with a plastic window; the country of origin marking is on a fabric tag attached deep inside the glove.

ISSUES:

Whether marking the country of origin on the cardboard closing of the plastic container of an athletic bag satisfies 19 U.S.C. 1304.

Whether marking the country of origin on the back of a fabric tag attached to an athletic bag satisfies 19 U.S.C. 1304.

Whether marking the country of origin on a fabric tag attached deep inside a batting glove with no marking on the outside packaging satisfies 19 U.S.C. 1304.

LAW AND ANALYSIS:

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 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. The first method of packaging the athletic bags, as described above, raises a question as to whether or not the importer is required to mark the country of origin on the paper insert containing the U.S. address of the importer. Section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., other than the name of the country 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.

The country of origin marking in the lower right hand corner of the cardboard piece attached at the top of the container is prominent because of the white lettering. It is not difficult to read, easy to locate and clear. The U.S. address appears on the bottom of the package on the same side and below the name of the importer. Because the country of origin appears on the same side of the product as the U.S. address and is prominently displayed, it is not necessary to reprint the country of origin on the paper insert itself. The packaging is not misleading or deceptive and satisfies the standard of 19 CFR 134.46.

The second method of packaging the athletic bags, as described above, raises a question as to whether the country of origin marking in conspicuous. Section 134.41, Customs Regulations (19 CFR 134.41), requires that the ultimate purchaser in the U.S. be able to find the marking easily and read it without strain. In ruling letter HQ 724694 (March 6, 1984), Customs ruled that a country of origin marking on the back of a label is not conspicuous. In accordance with that ruling, the second method of marking the athletic bags does not satisfy 19 CFR 134.41 and therefore is not in accordance with 19 U.S.C. 1304.

The last issue concerns the country of origin marking of the batting glove. In ruling letter HQ 731534 (December 2, 1988), nylon sports bags marked with a fabric label sewn deep inside the bag were held to be not conspicuous as required by 19 CFR 134.41. In this instance, it took some searching to find the fabric label marked with the country of origin and it is necessary to completely fold the label over to read it. The ultimate purchaser should not have to search for the country of origin marking. The proposed method of marking the batting glove is not conspicuous and does not satisfy 19 CFR 134.41.

HOLDING:

Marking the country of origin on the cardboard closing of the plastic container of an athletic bag, as described above, satisfies 19 U.S.C. 1304. Marking the country of origin on the back of a fabric tag attached to an athletic bag is not conspicuous and does not satisfy 19 CFR 134.41 or 19 U.S.C. 1304. Marking the country of origin on a fabric tag attached deep inside a batting glove with no marking on the outside packaging is not conspicuous and does not satisfy 19 CFR 134.41 or 19 U.S.C. 1304.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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