HQ 0734107 - Country of origin marking requirements for NASA flightsuits, souvenir markings; 19 CFR 134.46, 19 CFR 134.47 - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1991 HQ Rulings > HQ 0733964 - HQ 0950210 > HQ 0734107

HQ 734107

May 15, 1991

Mar-2-05 CO:R:C:V 734107 RSD

CATEGORY: MARKING

Ms. Shirley Gadol, President
Shirley Gadol Co., Inc.
5801 Northeast 14th Avenue
Fort Lauderdale, Florida 33334

RE: Country of origin marking requirements for NASA flightsuits, souvenir markings; 19 CFR 134.46, 19 CFR 134.47

Dear Ms. Gadol:

This is in response to your letter dated March 28, 1991, concerning the country of origin marking requirements for flightsuits imported from Peru. A sample flightsuit was submitted and will be returned to you in a separate cover.

FACTS:

Shirley Gadol Company has been contracted by NASA to manufacture blue flightsuits. The flightsuits will be made in Peru and will be sold to the U.S. Space and Rocket Center located in Huntsville, Alabama. The flightsuits are part of the Space Camp/Space Academy merchandise. It is our understanding that the flightsuits will be used by participants of the space camp located in Huntsville, Alabama but will be also sold as souvenirs to non-participants. The flightsuit has several patches sewn on it. One patch has the words "NASA visitor center Space & Rocket Center HUNTSVILLE, ALABAMA." Another patch is round and has a picture of a rocketship with the writing "U.S. Space Camp Huntsville ALA." A third patch contains the word NASA. The flightsuit also has an American Flag patch. The flightsuit also has a label sewn in the neck area which reads "UNITED STATES SPACE CAMP Huntsville, ALA." The label also contains a picture of a rocketship with the words "U.S. SPACECAMP" above the picture. Below this neck label, there is a second smaller label attached to it. This label contains information regarding the style number, fabric content, size, and the country of origin. The label reads "MADE IN PERU" in blue letters about 1/8 inch high against the white background of the label. The letters in the country of origin marking "MADE IN PERU," although easy to read, are much smaller than the letters of the writing on the patches and the other neck label above it. ISSUE:

Do the references to U.S. Space Camp and Huntsville, Alabama on the patches and the neck label on the flight suit trigger the requirements of 19 CFR 134.46 or 19 CFR 134.47?

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 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. Friedlaender & Co., 27 C.C.P.A. 297 at 302.

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 to be conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

In addition, section 134.46, Customs Regulations (19 CFR 134.46), requires that when the name of any city or locality in the U.S., or the name of any foreign country or locality other than the name of the country or locality in which the article was manufactured or produced, appear 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. Customs has ruled that in order to satisfy the close proximity requirement, the country of origin marking must appear on the same side(s) or surface(s) in which the name of the locality other than the country of origin appears (HQ 708994, dated April 24, 1978). The purpose of 19 CFR 134.46 is to prevent the possibility of misleading or deceiving the ultimate purchaser as to the origin of the imported article.

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 the words "Made in," "Product of," or other similar words, in close proximity or in some other conspicuous location (emphasis added). In such circumstance, no comparable size requirement exists.

In HQ 732916, January 26, 1990, Customs ruled that headwear stitched in yarn with the name of various U.S. locations such as "Texas," "Yellowstone National Park," "Disneyland," "Carlsbad Caverns" and the like which were 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, we find that the imported flightsuits used and/or sold at the camp/space Academy at the U.S. Space and Rocket Center are souvenirs and that the references to the U.S. Space Camp, Huntsville, Alabama, and NASA on the sewn in patches and on the neck label of the flightsuit are souvenir markings. These words are an important part of the product which help promote its use and/or sale as a souvenir. Therefore, the country of origin marking must satisfy the requirements of 19 CFR 134.47 which means it must be in close proximity to the souvenir marking or in some other conspicuous location, and preceded by the words "Made in,""Product of," or other similar words.

We note that Customs has previously ruled that wearing apparel such as shirts, coats, sweaters, etc. must be legibly and conspicuously marked with the name of the country of origin by means of a fabric label sewn or otherwise permanently affixed on the inside center of neck midway between the shoulder seams or in that immediate area. See T.D. 54640(6). Because the country of origin marking is on a fabric label sewn in on the back of the neck area, and can be read easily without strain, we find that it is conspicuous. Furthermore, because the souvenir markings on the flightsuits trigger the requirements of 19 CFR 134.47 rather the requirements of 19 CFR 134.46, the country of origin marking need not be in comparable sized letters as the souvenir markings. Accordingly, the requirements of 19 CFR 134.47 are satisfied and the country of origin marking on the flightsuit is acceptable.

HOLDING:

References to the United States Space Camp and Huntsville, Alabama on the patches and label of the flightsuits are souvenir markings which trigger the requirements of 19 CFR 134.47 rather than 19 CFR 134.46. The country of origin marking on the sewn in label in the neck area is conspicuous and satisfies the requirements of 19 U.S.C. 1304 and 19 CFR 134.47.

Sincerely,

Previous Ruling Next Ruling