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HQ 732533

February 23, 1990

MAR 2-05 CO:R:C:V 732533 pmh

CATEGORY: MARKING

Mr. Michael F. Mitri
Donohue and Donohue
3 Landmark Square, Suite 202
Stamford, CN 06901

RE: Country of origin marking requirements for imported handbags

Dear Mr. Mitri:

This is in response to your July 5, 1989 letter, on behalf of your client Burberrys Limited of London (the importer), requesting a ruling on the country of origin marking requirements for imported handbags. We regret the delay in responding.

FACTS:

According to your letter your client imports handbags from the United Kingdom that are manufactured in Italy. The handbags are composed of a cotton outer surface with leather trim and are lined. Each handbag is marked with the country of origin by means of a leather tag bearing the words "Made in Italy" in gold lettering. The leather tag is sewn into the handbag's inside lining, near the top of the bag. In some of the handbags the tag is sewn into the lining directly beneath the zipper of the inside compartment. A gold metal rectangle bearing the words "Burberrys London" is attached to the tag directly above or below the country of origin mark. You have submitted a sample handbag which displays the described country of origin marking. The leather tag in the sample handbag is approximately one and a half inches long and an inch high. The tag is black and the name of the country of origin is in gold lettering. The words "Burberrys London" appear directly above the country of origin marking in lettering of approximately the same size as that used for the country of origin. The tag is sewn into the handbag at approximately the middle of the back inside lining. The sample handbag also has a brand name hangtag attached to the outside handle of the bag. The hangtag includes the words "Burberrys of London" and the words "Made in Italy." You have also submitted sketches of various other styles of handbags that your client
imports. The sketches indicate that the country of origin marking appears, in each case, in the inside lining of the bag directly beneath the words "Burberrys London."

ISSUE:

Whether the country of origin marking on the subject handbags satisfies the requirements of 19 U.S.C. 1304.

LAW 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 will permit in such a manner as to indicate to the ultimate purchaser 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. As provided in section 134.41, Customs Regulations (19 CFR 134.41), 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 Circular MAR-2-RM (dated January 16, 1970) Customs determined that handbags should be marked by means of a fabric label sewn to the lining in a conspicuous place. In HQ 723116, dated September 15, 1983, Customs ruled that the side seam of a handbag was a sufficiently conspicuous place to attach the fabric label bearing the country of origin marking. Customs reasoned that a potential purchaser would open the bag and inspect its interior before buying and that the label would then be easily seen.

Likewise, in this case, it is our opinion that a potential purchaser of the handbag would open the bag and inspect its interior before purchasing the article. In so doing, a potential purchaser would plainly see the leather tag bearing the country of origin marking. The tag, itself, is immediately visible upon opening the handbag and the lettering used for the words "Made in Italy" is of a size and boldness that it can be easily found and read without strain. The marking is sufficiently permanent as it is sewn into the handbag.

In addition, we note that the words "Burberrys London" trigger the requirements of section 134.46, Customs Regulations (19 CFR 134.46). Section 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, and 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. As noted above, the country of origin preceded by the words "Made in" appears directly below the words "Burberrys London" in each handbag. As displayed by the submitted sample the lettering of all the words is of comparable size. Therefore, the country of origin inside the handbag satisfies the requirements of 19 CFR 134.46. We find that the marking on the hangtag also satisfies the requirements of 19 CFR 134.46. Although the word "Burberrys" is in large lettering, the words "of London" are in lettering of comparable size to that used for the words "Made in Italy" which also appear on the hangtag.

HOLDING:

A country of origin marking for handbags which consists of a leather tag sewn into the interior of the handbag in a conspicuous place and just below the words "Burberrys London" and a hangtag which bears the words "Made in Italy" in close proximity to and comparable size lettering as the words "of London" are in compliance with 19 U.S.C. 1304 and 19 CFR 134.46.

As requested, the sample handbag is being returned under separate cover.

Sincerely,

Marvin M. Amernick

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