HQ 0733281 - Country of origin marking of garment with hangtag attached with reference to place other than the country of origin; 19 CFR 134.46; 19 CFR 134.47. - United States International Trade Commision Rulings

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HQ 733281

August 3, 1990

MAR 2-05 CO:R:C:V 733281 LR

CATEGORY: MARKING

Ms. Martha L. Corgan
M&L International Co.
7700 Gross Point Road
Skokie, Ill. 60077

RE: Country of origin marking of garment with hangtag attached with reference to place other than the country of origin; 19 CFR 134.46; 19 CFR 134.47.

Dear Ms. Corgan:

This is in response to your letter dated April 17, 1990, concerning the country of origin marking requirements of garments with a hangtag attached with the names of several cities.

FACTS:

Garments to be imported will be conspicuously marked with their country of origin by means of a sewn-in textile label permanently affixed on the garment in the back neck area and/or the back of the waistband. A hangtag will be affixed to each garment with the words "Bonjour International" in large lettering on the front and back of the hangtag. The words " Milan", "Paris" and New York" also appear in smaller lettering on both sides of the hangtag. A sample hangtag was submitted. The garments in question are not made in any of these localities.

ISSUE:

Whether a hangtag which contains the names of localities other than the country of origin must be marked to indicate the country of origin of the garment to which it is attached when the garment is conspicuously marked.

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. 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(b), Customs Regulations (19 CFR 134.41(b)), 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.

Customs has recognized that the presence of a geographic location other than the country in which the article was produced on an imported article or its container may mislead the ultimate purchaser as to the true country of origin. Thus, in cases where the name of a location 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 appears on an imported article or its container, section 134.46, Customs Regulations (19 CFR 134.46), provides that there shall appear, legibly and permanently, in close proximity to such words the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. If the locality is included as part of a trade name, trademark, or souvenir marking, then the country of origin marking can either appear in close proximity to the locality or in some other conspicuous locations (19 CFR 134.47). The purpose of these regulations is to alleviate the possibility of confusion that may be created by such words.

Customs has often distinguished those special cases in which the circumstances were such that reference to a place other than the country of origin on an imported article would not confuse the ultimate purchaser as to the true country of origin. For example, in HQ 723604, November 3, 1983, and HQ 712013, January 16, 1980, Customs held that use of the abbreviated "USA" displayed on imported women's wearing apparel did not trigger the requirements of 19 CFR 134.46 because such marking was used as a symbol or decoration and would not reasonably be construed as indicating the country of origin of the article on which it appeared. In HQ 732412, August 29, 1989, Customs found that the placement of the word "Kansas" on different parts of imported jeans are built into the garments' design and they would not mislead or deceive the ultimate purchaser or in any way connote that "Kansas" is the place of manufacture.

In contrast, where the reference appears on a hangtag affixed to a garment, generally the requirements of 19 CFR 134.46 or 19 CFR 134.47 are triggered. This is because a hangtag is designed to attract the attention of the purchaser and often contains information about the article to which it is attached. As such, a reference on the hangtag to a locality other than the country of origin of the article to which it is attached is potentially misleading. Thus, in HQ 731032, September 6, 1988, Customs determined that a hangtag bearing a U.S. reference attached to an imported handbag had to be marked to indicate the country of origin of the handbag even though the handbag was marked by means of a sewn-in-label inside. See also HQ 732486, September 5, 1989 (use of phrase "Riviera Line" on a hangtag attached to imported garments triggers the requirements of 19 CFR 134.46).

In this case, the hangtag you propose to use contains several references to localities other than the country of origin of the garement to which it will be attached. These references are potentially misleading as to the country of origin of the garment and special marking requirements are applicable. Since these references do not appear as part of a trade name, trademark, or souvenir marking, the requirements of 19 CFR 134.46 rather than 19 CFR 134.47 apply.

HOLDING:

A hangtag affixed to a garment which contains the names of several cities which are not located in the country where the garment was manufactured must be marked to indicate the country of origin of the garment in accordance with the requirements of 19 CFR 134.46 (i.e., preceded by words such as "Made in" or "Product of", in close proximity to such references, in comparable size letters).

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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