HQ 0733834 - Country of origin marking on label for fabric; 19 CFR 134.41(b), 19 CFR 134.46 - United States International Trade Commision Rulings

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HQ 733834

October 17, 1990

MAR-2-05 CO:R:V:C 733834 RSD

CATEGORY: MARKING

Robert H. Schor, Esq.
Barnes, Richardson & Colburn
475 Park Avenue South
New York, New York 10016

RE: Country of origin marking on label for fabric; 19 CFR 134.41(b), 19 CFR 134.46

Dear Mr. Schor:

This is in response to your letter of October 5, 1990 requesting a binding ruling regarding the country of origin on a label for fabric imported from Japan.

FACTS:

Your client, Ulano Corporation, intends to import fabric from Japan. Ulano has devised a label to be attached to the fabric which contains information about the fabric (fabric content, width, length, country of origin, etc.). A sample label, which measures approximately 6 inches in length and 3 1/2 inches in width, was submitted. The following words appear on the lower portion of the label:

Made in Japan. Exclusively woven and specially processed to Ulano specifications.

ULANO

255 Bulter Street, Brooklyn, NY 11217 800-221-0616

Except for the name "Ulano", all the above information appears in lettering which is approximately 1/4 inches high. The U.S. address appears approximately one inch below the country of origin marking.

ISSUES:

Does the proposed country of origin marking on the label satisfy the requirements of 19 CFR 134.41(b) and 19 CFR 134.46?

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 isthe 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. Section 134.41(b), Customs Regulations (19 CFR 134.41(b)), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain. 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 as to the actual origin of the imported goods.

Upon a review of the proposed country of origin marking on the label for the fabric, we find that the marking can be found easily and read without strain, and therefore it meets the requirements of 19 CFR 134.41(b). In addition, because a U.S. address appears on the label, the requirements of 19 CFR 134.46 are triggered. In this instance, we find that the country of origin marking "Made in Japan" is legible and permanent. The letters are of the same size as the U.S. address. Moreover, the marking, which is only about an inch above the U.S. address, is in close proximity to the U.S. address and is preceded by the words "Made in." Accordingly, the marking satisfies the requirements of 19 CFR 134.46. Because no information was presented regarding the manner in which the label will be attached to the fabric, we offer no opinion on whether the label is permanent within the meaning of 19 U.S.C. 1304 and 19 CFR Part 134.

HOLDING:

The proposed country of origin marking on the sample label submitted for the imported fabric satisfies the requirements of 19 CFR 134.41(b) and 19 CFR 134.46.

Sincerely,

Marvin M. Amernick

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