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HQ 734153

August 6, 1991

MAR-2-05 CO:R:C:V 734153 RSD

CATEGORY: MARKING

Mr. David Kennedy
W.Y. Moberly, Inc.
Box 164
Sweetgrass, Montana 59484

RE: Country of origin marking of Hockey Hose made in Canada; Tags, Permanent, French wording; 19 CFR 134.41

Dear Mr. Kennedy:

This is in response to your letter of February 8, 1991, on behalf of your client, Hockey Hose Canada, Inc., requesting a ruling on the country of origin marking requirements for hockey hose made in Canada. A ruling on the classification of this merchandise was issued on April 19, 1991, in HQ 088967. A sample of the hockey hose was received.

FACTS:

Hockey Hose Canada, Inc., plans to import a product made in Canada known as "Hockey Hose". The hockey hose is a one piece garment that is worn under a hockey player's pants. It is designed to eliminate the need of a separate athletic supporter, garter, and suspender by incorporating hockey socks and an athletic supporter into a one unit design. The hockey hose is made from 100% polyester material.

The proposed country of origin marking will be on a tag that will be sewn on the garment at the time of assembly. You do not indicate where the tag will appear on the hose. The proposed country of origin marking on the tag reads "MADE IN/FAIT AU CANADA." The tag also contains information on the fiber content and laundering instructions in English and French. The product will be packaged in plastic and stacked on a shelf. You have indicated that the label with the country of origin marking will be visible through the plastic and that the plastic will be unsealed so that a consumer can take the hose out of the plastic to examine them.

ISSUE:

Does the proposed country of origin marking for hockey hose satisfy the requirements of the marking law? 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. That section further provides that the degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance the marking shall remain on the article until it reaches the ultimate purchaser unless it is deliberately removed.

We find that the wording on the proposed country of origin marking on the hockey hose "MADE IN/FAIT AU CANADA" is acceptable. Although the tag contains wording in English and in French, the name of the country of origin, Canada, is readily apparent and the presence of the French words is not confusing. The ultimate purchaser of this product will be able to easily ascertain that Canada is the country of origin. We assume for the purposes of this ruling that the word "Canada" will be clearly printed on the tag so that it is easy to read.

The tag should be permanently attached in a conspicuous location on the garment, such as the inside of the waistband. You indicate that the hockey hose will be put into plastic and stacked on store shelves. Based on your statement that the plastic will not obscure the country of origin marking on the garment, the plastic does not have to be marked to indicate the country of origin of the hockey hose as long as the country of origin marking on the hose is visible through the plastic packaging. For information on the requirements concerning the marking of care information and fiber content, you should contact the Federal Trade Commission.
HOLDING:

The proposed wording on the tag satisfies the country of origin marking requirements of 19 U.S.C. 1304. The tag must be permanently attached to a conspicuous location on the hockey hose. Because the plastic will not obscure the country of origin marking, the country of origin marking does not have to also appear on the bag.

Sincerely,

John Durant, Director
Commercial Rulings Division

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