HQ 0733139 - Country of origin marking of imported webbed fabric belt - United States International Trade Commision Rulings

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HQ 733139
April 6, 1990

MAR-2-05 CO:R:C:V 733139 KG

CATEGORY: MARKING

William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: Country of origin marking of imported webbed fabric belt

Dear Mr. LeClair:

This is in response to your letter of February 15, 1990, requesting a country of origin ruling regarding imported webbed fabric belts.

FACTS:

Your client plans to import webbed fabric belts from Canada. The sample you submitted is a green webbed belt made of fabric with a buckle consisting of two metal rings approximately 2 7/8 inches in width. The other end of the belt has a piece of metal crimped along its leading edge. A hang tag is attached to the belt buckle with a plastic tie. One side of the tag has the brand name printed on it. The other side identifies the style, size, color, price and country of origin of the belt. There is no marking on the belt itself.

ISSUE:

Whether marking the country of origin on a hang tag attached to an imported webbed fabric belt satisfies the requirements of section 304 of the Tariff Act of 1930, as amended.

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. The Court of International Trade stated in Koru North America v. United States, 701 F.Supp. 229, 12 CIT (CIT 1988), that: "In ascertaining what constitutes the country of origin under the marking statute, a court must look at the sense in which the term is used in the statute, giving reference to the purpose of the particular legislation involved. The purpose of the marking statute is outlined in United States v. Friedlaender & Co., 27 CCPA 297 at 302, C.A.D. 104 (1940), where the court stated that: "Congress intended 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."

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), requires that the marking of the country of origin be legible, indelible and permanent. Section 134.44(c), Customs Regulations (19 CFR 134.44(c)), states that if articles are marked with tags, the tag must be attached in a conspicuous place and in a manner which assures that unless deliberately removed, it will remain on the article until it reaches the ultimate purchaser.

In this case, the hang tag is securely attached to the belt. Further, the hang tag contains essential information about the style, size, color and price of the belt. Clearly, the importer intends this hang tag to remain attached to the imported belt until its purchase. The tag is attached to the ring which serves as part of the belt buckle; this is a conspicuous place. For all the above reasons, the hang tag satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

HOLDING:

The marking of the country of origin of an imported webbed fabric belt on a hang tag which is securely affixed to the belt in a conspicuous location satisfies the requirements of 19 U.S.C. 1304 and 19 CFR Part 134.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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