HQ 0734077 - Country of origin marking of textile labels; 19 CFR 134.47, 19 CFR 134.46, conspicuous, souvenir marking, close proximity - United States International Trade Commision Rulings

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HQ 734077

April 18, 1991

MAR-2-05 CO:R:V:C 734077 AT

CATEGORY: MARKING

Ms. Diana Pekarek
American Mills
301 N 5th Street
Minneapolis, Minnesota 55403

RE: Country of origin marking of textile labels; 19 CFR 134.47, 19 CFR 134.46, conspicuous, souvenir marking, close proximity

Dear Ms. Pekarek:

This is in response to your letter of January 18, 1991, requesting a country of origin ruling regarding imported textile labels printed with the words "Little Rock" on each label. The classification ruling will be issued seperately.

FACTS:

Your company is importing textile labels made in Hong Kong to be sold to your customer Ad America, who in turn intends to sell them to the city of Little Rock, Arkansas, for distribution to individuals at the Visitors Bureau at the convention center in Little Rock. You have enclosed samples of the textile labels along with your letter. The submitted samples are labels constructed of man-made woven fabric with an adhesive back. The labels are irregularly shaped with wavy edges. They are unhemmed, cut to size and shape and measure approximately 1 1/8" x 1/2". The words "Little Rock" and a design are woven into the label which are intended for use on wearing apparel.

ISSUE:

Do the imported textile labels imprinted with the words "Little Rock" and a design have to be marked with the country of origin in accordance with 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 its 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. Friedlander & Co., 27 C.C.P.A. 297 at 302; C.A.D. 104 (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 134.1(d) Customs Regulations (19 CFR 134.1(d) defines ultimate purchaser as "generally the last person in the U.S. who will receive the article in the form in which it was imported." In this case the ultimate purchaser is the person who purchases the label at the visitor center and each textile emblem must be conspicuously marked to indicate the country of origin to the ultimate purchaser.

In determining whether the marking is acceptable, Customs will take into account the presence of words or symbols on an article which may mislead the ultimate purchaser as to the country of origin. Consequently, if the words "United States," or "America," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the U.S., or the name of any foreign country or locality other than the country of origin appear on an imported article, special marking requirements are triggered.

Section 134.46, Customs Regulations (19 CFR 134.46), requires that in such case, the name of the country of origin must appear legibly, 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 must appear preceded by "Made in," Product of," or other words of similar meaning.

Section 134.47, Customs Regulations (19 CFR 134.47), provides that when as part of a trademark or trade name or as part of a souvenir marking, the name of a location in the U.S. appears, the article shall be legibly, conspicuously, and permanently marked to indicate the name of the country of origin of the article preceded by words "Made in," "Product of," or
other similar words, in close proximity or in some other conspicuous location (emphasis added). In such circumstances, no comparable size requirement exists.

The question presented in this case is whether the imported textile labels imprinted with the words "Little Rock" and a design triggers the requirements of 19 CFR 134.46 or 134.47.

In HQ 732916, January 26, 1990, Customs ruled that headware stitched in yarn with the names of various U.S. locations such as "Texas," "Yellowstone National Park," "Disneyland," "Carlsbad Caverns" and the like which were to be sold to tourists, vacationers and others at those locations were souvenir markings which triggered the exceptions set forth in section 134.47. In this case, you state that the textile labels will be sold to your customer, Ad America, who in turn will sell them to the city of Little Rock for distribution to individuals at the Visitors Bureau at the convention center in Little Rock. Therefore, it is our opinion, that the marking "Little Rock" imprinted on the subject textile labels is a souvenir marking and the exception set forth in section 134.47 is applicable to this case rather than section 134.46.

Accordingly, each textile label must be marked legibly, conspicuously, and permanently with the words "Made in Hong Kong," "Product of Hong Kong," or words of similar meaning and must be in close proximity or in some other conspicuous location to the words "Little Rock" in order to comply with the requirements set forth in section 134.47

In addition, in HQ 733864 (November 5, 1990), we ruled that imported Christmas cards and ornaments marked with a logo of a minor league hockey team, the "Portland Winter Hawks", which were marked "Made in Taiwan" on the back of the card/ornament satisfied the requirements of section 134.47. Customs found that even though the country of origin was not in close proximity to the souvenir marking it still fell within the meaning of or in some other conspicuous location as provided in section 134.47 (emphasis added).

Similarly, in this case, it is our opinion that the country of origin marking on the back of the label would satisfy the requirements of section 134.47 so long as it is legible and permanent.

HOLDING:

The ultimate purchaser of the textile labels intended for use on wearing apparel and sold individually as souvenirs to tourists is the tourist. Accordingly, each label must be marked to indicate its country of origin. The textile labels marked with the words "Little Rock" is a souvenir marking within the meaning of 19 CFR 134.47. Therefore, each label must be legibly and permanently marked with the country of origin "Hong Kong" preceded by the words "Made in," "Product of," or other words of similar meaning in close proximity to the souvenir marking or in some other conspicuous place.

Sincerely,

John Durant, Director

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